Yep.
A suspected terrorist is walking down the street and asks a stranger for directions. It is a somewhat complicated destination, and several minutes pass. Law enforcement officials monitoring the suspect's movements take note. Later in the week the suspect, and all of those he spoke with are swept into custody because of some "credible threat" to our nation's security.Originally posted by Tyler
How about this (to asgaurd, goofy, barney) - We'll not torture the person, won't get the info and then your loved one will die. If you're spouse, loved-one, family memeber... died, would you still say; we did the right thing? Would you still feel glad in your choice?
I understand. So has Zubeida been convicted? This is not a challenge, I truly do not know.Originally posted by Tyler
We never got into this but torture is something that should only be done under incredibly justifiable situations. Such as a KNOWN terrorist. Soemone who we can prove, under law, has played a part in a terrorist act.
In the early phases of the military action in Afghanistan, as we enthusiastically believed we could get Osama bin Laden (e.g. before Rumsfeld admitted that we might not and then tried to retract his words), discussion of whether or not to torture suspects first focused on letting "others" do the dirty work. In other words, let another country's forces capture and torture the suspects. This notion was quickly shot down: torture is illegal by international convention. None of the United States' partners in this action have license to torture. By the same convention, the United States has previously agreed to forsake torture.Dunno who this independant mob is, but the whole thing smacks of being a fabrication... why the hell would anyone in this day and age use torture, when there are drugs available which would do the job twice as effectively and without the risk of the victom merely saying anything to stop the pain?
Ridiculous story.
And this is the whole point. Note that John Walker is being tried as a criminal in a proper civilian trial, yet is not being accorded the full rights of an accused criminal. This is because of the "unlawful combatant" label applied by the Bush administration.Willliam Webster, who also led the FBI, said interrogation efforts would "go beyond name, rank and serial number" because Mr Zubeida was considered an unlawful combatant. Like the other Taliban and al-Qa'ida fighters in American custody, he would not be considered a prisoner of war.
Well, technically, they were.Originally posted by Asguard
We were required to adhere to it [the Geneva Conventions] while fighting the japinise and the arn't signatrys either
So, essentially, when we fail to prosecute those who violate the constitution by performing acts of torture, for instance, we will refuse international jurisdiction?WASHINGTON (Reuters) - The United States restated its opposition to the International Criminal Court on Thursday and said it was reviewing policy on the tribunal, which took a major step toward reality at a U.N. ceremony.
At the U.N. headquarters in New York on Thursday 10 countries brought the total number of nations to ratify the Rome treaty establishing the court to 66 -- six more than needed to bring the treaty into force on July 1.
The court, set up to try the world's most heinous crimes, has been hailed by many as a human rights landmark.
But State Department spokesman Philip Reeker said the Bush administration continued to have objections to the treaty and would not submit it to the Senate for ratification.
"It has a number of fundamental problems. It purports to assert jurisdiction over nationals of states not party to the treaty, contrary to the most basic principles of customary international law governing treaties," he said.
"The United States is concerned that its military and civilian personnel will be exposed to politically motivated investigations and prosecutions.
"Accountability is a serious problem. Relatively unrestricted powers of the prosecutor and the court may lead to politicized second-guessing of a state's ability or willingness
to investigate its own personnel," he added.
The Clinton administration signed the treaty right at the end of its term in office, arguing that this would enable the United States to take part in subsequent deliberations on the procedures the court will follow.
But the Bush administration, which took office in January 2001, is even less sympathetic to the idea of ceding jurisdiction to an international court.
Reeker declined to speculate on whether the United States might withdraw its signature from the treaty.
"The administration continues to review its policy toward the International Criminal Court. A full range of policy options is under discussion but no final decisions have been made," he added.
The rapid pace of the ratification has taken the Bush administration by surprise, said a U.S. official.
The new tribunal has jurisdiction only when countries are unwilling or unable to prosecute individuals for the world's most serious atrocities: genocide, crimes against humanity, war crimes and other gross human-rights abuses.
Cases can be referred by a country that has ratified the treaty, the U.N. Security Council or the tribunal's prosecutor after approval from three judges. But the court is not retroactive and cannot probe crimes committed before July 1.
Suspects from nations, like the United States, who have not ratified the treaty are still subject to prosecution -- providing the country where the crimes occurred has ratified the treaty and the nation whose citizens are accused fails to investigate.
04/11/02 16:43 ET
And, in fact, a December, 1999 press release from Ministers Downer (Foreign Affairs) and Moore (Defence), as well as Attorney General Williams, notes that Australia has committed to the International crimes court. The Joint Media Release, and its status at the time:The ratification of the United Kingdom, Pace said, comes at an important time. As President Bush attempts to build an international coalition to fight terrorism, US Senator Jesse Helms had reportedly threatened to cut off military aid to any countries that ratify the ICC, which could isolate the US and negate the coalition against terrorism the US is trying to build.
Senator Helms reintroduced an amended version of the American Servicemaker's Protection Act (ASPA), a bill that makes American soldiers immune from prosecution. The bill, the CICC said, is expected to be reintroduced as an amendment to other bills. The Foreign Operations Appropriations Bill will likely be next.
Amnesty International/Australia has a fact sheet available, but I have not begun to delve into that or other AI documents regarding the ICC.The Minister for Foreign Affairs, the Attorney-General and the Minister for Defence have today announced that the Government has decided to ratify the Statute of the International Criminal Court, which was adopted at the Rome Diplomatic Conference in 1998.
"The establishment of an effective international criminal court is a prime foreign policy goal of this government, and one in which I have taken a strong personal interest. Given Australia's leading role in promoting the Court, it is fitting for Australia to be making an early commitment to ratifying the Statute," said the Minister for Foreign Affairs, Alexander Downer.
This milestone decision reflects Australia's strong commitment to the Court. Australia demonstrated this commitment by playing a significant and influential role in the negotiations leading up to the adoption of the Court's Statute. The group of like-minded delegations at the Rome Conference played a critical role in the successful outcome of that Conference.
Just an update. It appears we're getting ready to set new precedents in world domination, but that's to be expected. Apologies around to all or international neighbors.WASHINGTON (Reuters) - The Bush administration, flouting the advice of major allies and outraging human rights organizations, renounced on Monday any obligation to cooperate with the new International Criminal Court.
The decision, formalized in a letter to the United Nations, means the United States reserves the right to ignore the orders of the court, the first permanent world tribunal to prosecute people for war crimes, genocide and crimes against humanity.
Canada and the European Union expressed disappointment and regret over the decision by the Bush administration, which had already angered some allies by walking out on the Kyoto climate accord and the Anti-Ballistic Missile Treaty.
The administration of former President Bill Clinton signed the treaty setting up the court in 2000 so the United States could take part in talks on arrangements for the new body ....