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Politics : Foreign Policy Discussion Thread -- Ignore unavailable to you. Want to Upgrade?

To: zonder who wrote (2136)	1/13/2003 2:28:56 PM
From: Hawkmoon	Read Replies (1) \| Respond to of 15987

Zonder.. Forget the 1997 stuff.. All that matters is the the administration has already laid out what it would like to see occur with military commissions. Until such commission hearings are initiated, detainees will be held without "bond", until such time as all the particulars (and appeals from various interested parties) are worked out: newsaic.com But these are commissions to determine complicity and culpability of the defendants, as well as to set forth their punishment. But investigations as to their exact activities are still ongoing since many of them refuse to talk. But the primary issue is that have been declared "unlawful combatants" and thus their "status" has been declared. Now how they will be dealt with, pending a trial, and what form that trial takes (secret, open, access to classified information for defense counsel) are what awaits. But they are not POWs unless they were clearly Taliban soldiers only. There's nothing in the Geneva convention that says a competent tribunal has to be immediately called. Only that they must be treated in accord with the Geneva Convention until such time that one is called to determine their final status. And to that end the US military has permitted the Red Cross to establish a permanent office at Guatanamo to insure they are treated properly. And on top of that, since none of these prisoners have entered the United States, they are NOT entitled to the same protections as those being held within official US territory. And their only recourse is to appeal through the executive branch, not US courts: The 1950 Supreme Court decision Johnson v Eisentrager held that enemy aliens who have not entered the United States are not entitled to access to US courts. Under this ruling, the recourse the prisoners have about a change in status, etc., is to appeal through the Executive Branch, not the court system. es.rice.edu Thus, the rationale about not permitting them to enter the United States, but rather maintain them at Guatanamo Naval Base... There's nothing illegal going on here Zonder.. You may not like it, but they've covered their bases on this. Hawk So what's the beef??