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echo: barktopus
to: Gary Britt
from: Adam
date: 2007-06-14 18:32:12
subject: Re: `a landmark victory for the rule of law and a defeat for uncheckede

From: Adam <""4thwormcastfromthemolehill\"{at}the field.near
the bridge">

Gary Britt wrote:
> I'm only interested in the current discussion which is not about ancient
> history, indians, or your view of international law.

"The Tripoli pirates".

1801...1805.



> Its about the USA
> constitution and USA laws about which you know almost nothing.
>

So at least the almost puts me ahead of you then.

Adam


> Gary
>
> Adam > wrote:
>> Gary Britt wrote:
>>> You are wrong.  Prisoners of War can be tried for violating the normal
>>> rules of war.  See Nuremberg.  Others can be held for the duration of
>>> the conflict without any trial seeking a sentence of confinement.  Those
>>> tried and found guilty of some violation of the normal rules of war can
>>> be held BEYOND the term of the conflict in accordance with their
>>> sentence.  Again see Nuremberg.
>>>
>>
>> Oh indeed however that usually only applied to one side & international
>> law is meant to apply equally.
>>
>> e.g. unrestricted submarine warfare was only a crime if you were German,
>> equally during D-Day they knew they wouldn't have enough men to take
>> prisoners so the general order was "do not take prisoners for the first
>> 2 days of overlord".
>>
>> Adam
>>
>>
>>
>>> Gary
>>>
>>> Adam > wrote:
>>>> Gary Britt wrote:
>>>>> So you are saying that german prisoners of war in WWII were
>>>>> entitled to
>>>>> a trial before a federal judge and proof beyond a
reasonable doubt
>>>>> that
>>>>> they violated some applicable USA criminal statute??  
 You are saying
>>>>> that if they were apprehended on the battlefield or as
spies in the
>>>>> USA
>>>>> by the military without proper search warrants they must be set
>>>>> free???
>>>>>
>>>>> Are you sure that's what you are saying??  You are either saying
>>>>> that or
>>>>> you are acknowledging that there are TWO applicable
systems one for
>>>>> CRIME and one for WAR.  Each with different rules and
standards for
>>>>> people apprehended and detained.  You can't have it
both ways, so
>>>>> is it
>>>>> one system or two systems?
>>>>>
>>>> But that is precisely what the Bush admin has been trying to do.
>>>>
>>>> Are these people prisoners of war or criminals. If the former then
>>>> attacking US etc troops or aiding those doing so is their
duty & is not
>>>> something they can be tried for.
>>>>
>>>> Adam

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