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BROKEN_LADDER
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BushCo says Gitmo to get Geneva rights

The Bush administration announces that all detainees in U.S. military custody around the world, including those at Guantanamo Bay, are entitled to protections under the Geneva Conventions. It is unclear what the apparent change in policy will mean for people held by the U.S.

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Last edited by BROKEN_LADDER on 07-11-2006 at 09:33 PM

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Old Post 07-11-2006 09:16 PM
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fubar
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good old Genevea

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Old Post 07-11-2006 09:27 PM
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BROKEN_LADDER
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Fixed.

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Old Post 07-11-2006 09:34 PM
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fubar
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Nazis+1

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Old Post 07-11-2006 09:35 PM
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mudded
Too drunk to fish

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It was about time they flipflopped on this issue.

military tribunals, pffft!

Cheers
-m

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Old Post 07-11-2006 10:18 PM
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3MTA3
Same Tired Monkey

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Im pretty sure they didnt flipflop so much as obey a fucking supreme court ruling. Glad you at least listen to the news mudded, now maybe you can start paying some fucking attention and you may have something to offer other people when you communicate with them over the internet besides a sound bite and a sound effect. Ass.

It also is clear what the change in policy means: people who dont abide by the Geneva convention themselves, irregulars, will be given at least the most basic Geneva convention protections. Read the convention assholes, its like 20 pages...it wont hurt you.

Key word here is DoD memo. This applies to all personell under the control of the DoD. That is but one of almost 20 executive agencies. I think its still bunk but the crybabies got their way. Is anyone who is against Guantanamo gonna fucking shut up now?

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Old Post 07-12-2006 11:51 AM
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mudded
Too drunk to fish

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quote:
Originally posted by 3MTA3
...fucking...fucking...Ass...bunk...crybabies...fucking shut up now?


No. This is a good first step. Now we just need this extended to the 500 or so victims of the extraordinary rendition program.

Cheers
-m

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Old Post 07-12-2006 12:47 PM
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wonderaz
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They can still be shot while trying to escape, right?

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Old Post 07-12-2006 07:57 PM
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Serial Thriller
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quote:
Originally posted by mudded
No. This is a good first step. Now we just need this extended to the 500 or so victims of the extraordinary rendition program.

Cheers
-m



You can bet most of those aren't reported

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Old Post 07-12-2006 08:01 PM
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Paint CHiPs
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Yeah, I'm with Eatme on the meaning of Bush agreeing to graciously abide by something that is Supreme Court precedent, veto-proof majority congressional law, and constitutional mandate, going against the opinion of much of the military, most of the CIA, almost all the JAGs, the Supreme Court and overwhelming majorities of both Senate and House. Gee, thanks.

I also agree with Eatme that we shouldn't think one lick of Bush "finally doing the right thing". The announcement regarding the DOD is just them trying to put a positive spin on a court loss that they probably don't intend to abide by in any meaningful way, and certainly intend to overrule or relegislate first good chance they get. It's interesting, for instance, that Haynes--the guy that made the announcement on behalf of the DOD for the good press--is also two other things: A. one of the architects of the administration's pro-torture policy, and B. a current nominee for a lifetime appointment on the federal appeals bench. Nice to get a day's worth of good press about being anti-torture, then win your nomination hearings and spend the rest of your life on the bench working to overturn that anti-torture mandate. Good for him (?).

If you're at all interested in the futility and even double-dealing nature of this announcement, no writings are better than this one on the subject, by Marty Lederman, who explains how this announcement is A. practically meaningless, and B. worse, will be used as cover to even further push the pro-torture agenda.

One thing though, from Eatme:

quote:
It also is clear what the change in policy means: people who dont abide by the Geneva convention themselves, irregulars, will be given at least the most basic Geneva convention protections.


Just out of curiosity, if you don't think that's how the Geneva Convention has been read from its inception, and what American policy has been regarding detainees since George Washington, what have you been smoking? It's not like the Geneva convention, or torture policy generally, has EVER been about "it only counts between us nations that have agreed to it". It has ALWAYS been "We nations agree to hold each other to these standards, regardless of the standards our enemies choose to hold themselves too". Our torture policy has expliticly been remarkably unchanged over the course of American history; it is the Bush Mindset that has been the radical departure, that somehow now humane ttreatment of detainees is contingent on something. Read your history, from Valley Forge to Vietnam. There have certainly been instances of lapses (cases of torture here and there), but as a matter of national policy, the rulebook has always been pretty damn clear, and consistent, and has nothing to do with "making humane treatment of detainees contigent" on this or that.

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Old Post 07-12-2006 08:22 PM
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SimpleSimon
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An awful lot of things never appear in history books, or historiical documents, PC.

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Old Post 07-13-2006 12:11 AM
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Paint CHiPs
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For a reason, SS.

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Old Post 07-13-2006 02:36 AM
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BROKEN_LADDER
A DINGO ATE MY ZOGBY

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quote:
Originally posted by Paint CHiPs
Read your history, from Valley Forge to Vietnam. There have certainly been instances of lapses (cases of torture here and there), but as a matter of national policy, the rulebook has always been pretty damn clear, and consistent, and has nothing to do with "making humane treatment of detainees contigent" on this or that.


Well yes, I absolutely decree...I mean, agree. And my administration has been and will continue to be doing everything possible to prevent any violations.














Understanding, of course, that we will do whatever is deemed necessary to protect the country from terrorism.

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Old Post 07-13-2006 02:56 AM
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Paint CHiPs
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And that what you mean by "humane" may not be what I mean.

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Old Post 07-13-2006 03:35 AM
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Paint CHiPs
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Not that I'll clear up what I mean by "humane" ever, when asked, even in congressional hearings.

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Old Post 07-13-2006 03:36 AM
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Paint CHiPs
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Let me just put it this way. What the United States does is "humane". By definition. Because it's us doing it, and you trust us, right guy?

So, if it wasn't humane, we wouldn't be doing it. See how that works?

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Old Post 07-13-2006 03:36 AM
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Paint CHiPs
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So yeah, we agree to treat detainees humanely.

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Old Post 07-13-2006 03:38 AM
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Paint CHiPs
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At least, the DoD anyway.

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Old Post 07-13-2006 03:38 AM
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Paint CHiPs
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And only until we can change that law or overturn the ruling.

Relax, guy. Look over there.

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Old Post 07-13-2006 03:38 AM
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3MTA3
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nice.

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Old Post 07-13-2006 09:28 AM
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Paint CHiPs
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Smart people that also like to fancy themselves as "realists" (Simon, TT, for instance) always try to point out that really, we torture anyway--it's just an open secret. I don't buy that entirely. Not that I doubt that the CIA tortures people, or that there is every year incidents within the military somewhere. But the military, as a whole, is pretty clear on where it stands on Article 3--and it's not just lip service to them; they follow it not because "Oh Gosh I guess we have to, at least publically", but because, to them, from a military and strategic standpoint, providing not just a minimum required humane treatment to detainees makes sense, but going above and beyond it is in the military's interest. It's not some legislative shackle that they're constantly laboring under the burden of, in other words--it is, and always has been, not just a matter of moral but practical sense. We've realized that from Washington at Valley Forge all the way up to Bosnia and Somalia under Clinton--it has been policy and default standards of conduct since the inception of this country, and it's Bush that's rolled it back, that's scrapped the status quo.

Humane treatment of enemy combatants is just smart military policy, which is one reason why they resisted, along with the JAGs and the CIA, the administration's overtures to make torture a matter of policy (explicit and unspoken). Also a reason why guys like McCain and Murtha and Clark and Powell and other military men are so out in front on this issue, standing against it in no way two-faced but stern and genuine. It's not the practical military minds that ask for torture, but either psychopathic grunts, or guys like Rumsfeld and Bush and Cheney and other insulated and detached eggheads who can't get past the "ticking timebomb" scenario.

Anyway, a good bit from Andrew Sullivan, quoting the Field Manual.




"Humane treatment of insurgent captives should extend far beyond compliance with Article 3, if for no other reason than to render them more susceptible to interrogation. The insurgent is trained to expect brutal treatment upon capture. If, contrary to what he has been led to believe, this mistreatment is not forthcoming, he is apt to become psychologically softened for interrogation. Furthermore, brutality by either capturing troops or friendly interrogators will reduce defections and serve as grist for the insurgent's propaganda mill," - from the Army Field Manual 34-52.

This may help belie the notion fostered by some that the U.S. has never abided by Article 3 with respect to combatants out of uniform. As Marty Lederman shows, it did for 53 years before the Bush years. Notice how good intelligence, according to the U.S. military, is not procured by brutality but by legal and humane psychological pressure. Notice that the Army doesn't see anything "vague" about these standards, as some of the new authoritarians argue. Notice that the U.S. Army has historically believed Article 3 to be a minimum of decency - and requires beefing up by Americans, not watering down. Notice also that this has always applied to enemies out of uniform, insurgents, guerrillas, including, for example, the Viet Cong. What this administration and its extremist allies are urging would be an assault on decades of humane warfare by the United States and a terrible self-inflicted wound in a war where the moral highground is essential to long-term success. This is among the most vital issues any nation faces: it's about the soul of the West, and the short-sighted expediency of those who think part of it can be sold.

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Old Post 07-13-2006 05:36 PM
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Paint CHiPs
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Oh, and btw, the Bush administration made moves today to quietly change the laws. Like I said. I'll link when I get out of work tonight.

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Old Post 07-13-2006 05:37 PM
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