Posted by
Thomas the Real Tin Woodsman on Tuesday, January 29, 2008 6:59:40 AM
This is your author
speaking. Some of you will find this
offensive, but that is not my intent.
This is not a test. I repeat:
Some of you will find this offensive, but that is not my intent. This is not a test. You have been appropriately warned. I will now begin the article.
At the risk of sounding like a broken record or a one-trick
pony, I am publishing this.
For some strange reason, I have been discussing the
detainees at Guantanamo Bay, Cuba, a lot lately. Let me make this as plain as I possibly can: I
am all in favor of Mitt Romney’s suggestion to double the size of
Guantanamo. That being said, let me make
the following perfectly clear as well: Number
One: I generally oppose torture.
Should, however, a high-ranking member of Al Qaeda be known to have
information about those who have attacked us in the past, or were found plotting
against us, I believe that we can make exceptions.
Number Two: The
detainees should be released if they can prove beyond the shadow of a doubt
that they are innocent. Otherwise, their
disposition can wait until after the war just as actual prisoners of war have
to wait. These detainees do not qualify as
prisoners of war under the Geneva Conventions.
Practically everyone I meet whose opinion differs from mine hands me the
excuse that we are in violation of the Geneva Conventions as though I should
immediately become hysterical at their pronouncement. And they always seem shocked at my response: “According to the
Geneva Conventions, they are not POWs.”
Kindly allow me to enlighten you if you were unaware of this.
There are “qualifications” to being declared a prisoner of
war. According to Article 4, Section A,
1, Members of the armed forces of a Party
to the conflict, as well as members of militias or volunteer corps forming part
of such armed forces. They do not
meet that standard. Next.
Let’s see if they meet the second condition: Members of other militias and members of
other volunteer corps, including those of organized resistance movements,
belonging to a Party to the conflict and operating in or outside their own
territory, even if this territory is occupied, provided that such militias or
volunteer corps, including such organized resistance movements, fulfil [sic] the following conditions: (a) that of being
commanded by a person responsible for his subordinates; (b) that of having a
fixed distinctive sign recognizable at a distance; (c) that of carrying arms
openly; (d) that of conducting their operations in accordance with the laws and
customs of war. They don’t meet that
one, either. The whole problem with
terrorists is that they blend in with the general population and they hide
their arms until the point of attack.
Next.
I wonder if they meet the third: Members of regular armed forces who profess allegiance to a government
or an authority not recognized by the Detaining Power. They are still not “regular armed
forces.” Next.
Let’s check out the fourth: Persons who accompany the armed forces without actually being members
thereof, such as civilian members of military aircraft crews, war
correspondents, supply contractors, members of labour units or of services
responsible for the welfare of the armed forces, provided that they have received
authorization, from the armed forces which they accompany, who shall provide
them for that purpose with an identity card similar to the annexed model. Still not seeing how they meet this
definition. Next.
Maybe the fifth: Members
of crews, including masters, pilots and apprentices, of the merchant marine and
the crews of civil aircraft of the Parties to the conflict, who do not benefit
by more favourable treatment under any other provisions of international law. I am not really seeing how that is being met
by members of Al Qaeda, either.
And, finally, number six: Inhabitants of a non-occupied territory, who on the approach of the
enemy spontaneously take up arms to resist the invading forces, without having
had time to form themselves into regular armed units, provided they carry arms
openly and respect the laws and customs of war. This is not applicable as well.
I am just not getting how they would ever qualify as
prisoners of war. And that’s because they
aren’t. They cannot meet the definitions
provided by the document which everyone demands that the government follow. Since they are not POWs, they are not entitled
to those protections.
Back to the original topic…
Number Three: I
believe that they are entitled to humane treatment: good shelter, decent food,
clean clothing, good sanitation, necessary medical care, and the right to
pursue their religious beliefs. I have
no problem with any of this. They were
made in the image of God, just like any other human being, and therefore must
be afforded the dignity we owe to all humans.
Number Four: They
have no protection from the United States Constitution due to a 1950 Supreme
Court decision, Johnson v. Eisentrager. According to the ruling: “These
nonresident enemy aliens, captured and imprisoned abroad, have no right to a
writ of habeas corpus in a court of the United States… The term ‘any person’ in
the Fifth Amendment does not extend its protection to alien enemies everywhere
in the world engaged in hostilities against us.” (Source: 339 U.S. 763) Since the Fifth Amendment does not apply to
them, then it’s only logical to assume that the rest of the Constitution does
not as well.
And for some odd reason, people assume that one can take the
Constitution and somehow pull out the Bill of Rights and use it as though it
can function on its own. Here’s a hint:
They are Amendments, not a document
by their own right. They have to be joined
to something, which they are: the Constitution.
Number Five: I’m
pretty sure that we can deny them the same rights as American citizens. According to its own Preamble, this document
was written by “the people of the United States, in order to form a more
perfect union … and secure the blessings of liberty to ourselves and our posterity,
do ordain and establish this Constitution for the United States of America.” According to Webster’s Dictionary, posterity has two meanings: 1) the offspring of one progenitor to the furthest generation;
and 2) all future
generations. Now, I’m not a mind reader,
but I’m pretty sure that the Founding Fathers did not, in fact, include
terrorists who wanted to kill us. Call
me crazy if you want, but I’d probably swear to it.
Furthermore, the Fourteenth
Amendment states plainly that “All persons born or naturalized in the
United States, and subject to the jurisdiction thereof, are citizens of the United States.”
(Emphasis added.) I’m pretty sure these
guys do not qualify there, either.
Further, 8 USC Sec. 1401, also passed in 2006, further qualifies the citizenship to persons who meet one of the
following conditions: “a person born in the United States, and subject to the jurisdiction thereof; a person born
in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe…; a person born
outside of the United States and its outlying possessions of parents both of whom are citizens of the United
States…; a person born outside of the United States and its outlying possessions of parents one of whom is a
citizen of the United States...; a person born in an outlying possession of the United States of parents one of whom
is a citizen of the United States…; a person of unknown parentage found in the United States while under the age
of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United
States; a person born outside the geographical limits of the United States and its outlying possessions of parents
one of whom… is a citizen of the United States…; a person born before noon (Eastern Standard Time) May 24,
1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the
United States who, prior to the birth of such person, had resided in the United States. Now for some odd reason, I
just don’t think that any of the detainees at Guantanamo meets any of these requirements. Therefore, they are not
citizens, because if they were, we’d more than likely try them for treason, as we did John Walker Lindh, who was
caught on the battlefield opposing our troops.
Number Six: I do indeed believe that they will be tried in a court one day and that day is coming. According to
the Military Commissions Act of 2006, they are unlawful enemy combatants: “The term ‘unlawful enemy combatant’
means “(i) a person who has engaged in hostilities or who has purposefully and materially supported hostilities
against the United States or its co-belligerents who is not a lawful enemy combatant (including a person who is
part of the Taliban, al Qaeda, or associated forces); or (ii) a person who, before, on, or after the date of the
enactment of the Military Commissions Act of 2006, has been determined to be an unlawful enemy combatant by a
Combatant Status Review Tribunal or another competent tribunal established under the authority of the
President or the Secretary of Defense.”
Further, it defines the following: “In this paragraph, the term ‘co-belligerent’, with respect to the United States,
means any State or armed force joining and directly engaged with the United States in hostilities or directly
supporting hostilities against a common enemy."
And there we have it: the detainees at Guantanamo finally have a designation that they meet.
Number Seven: I think that keeping these men in a place like
Guantanamo is morally superior to taking prisoners, torturing them, making them
confess, forcing them to convert to Islam and then having them to confess to
whatever you want, and then beheading them.
Remember how Daniel Pearl died?
That’s how they’re going to treat our guys when and if they are
captured. I guarantee that the vast
majority of our detainees will be returned to their home countries (or whoever
will have them) in relatively good health, but I doubt if our men will make it
out of their captivity alive. So tell
me, which one do you find to be more moral: a stack of the corpses of American
military personnel or a live bunch of unlawful enemy combatants with a future?
By the way, just so you know, their abuse of our people is
sanctioned by Allah: "Guidelines for
Beating and Killing Hostages: Religious scholars have permitted beating. … In
this tradition, we find permission to interrogate the hostage for the purpose
of obtaining information. It is permitted to strike the nonbeliever who has no
covenant until he reveals the news, information, and secrets of his people. The
religious scholars have also permitted the killing of a hostage if he insists
on withholding information from Moslems." (Al-Qaeda Training Manual,
Available At: http://www.au.af.mil/au/awc/awcgate/terrorism/alqaida_manual/,
Accessed 9/5/06)
Number Eight: So long as we keep them in Guantanamo, they won’t be
killing anyone else. That keeps
Americans safe as well as whomever else they would have killed closer to
home. Should we release them now and
have these suspected terrorists loose in the world? In my opinion, that makes us liable, morally
and otherwise, for any terrorist act they may then commit and puts the blood of
their victims on our hands. It would be
akin to letting a person you are pretty sure is drunk get behind the wheel and
drive.
Number Nine: Bringing them here, onto the U.S. mainland is one of
the dumbest things that I have ever heard in my life, bar none. We would be bringing people who want to kill
us closer to us. Are we trying to give
them a better shot? If you are one of
these bring-’em-here types, I have three questions for you. First, are you now or have you ever been,
under the care of a mental health professional?
(If not, check into it.) Second, are
you willing to volunteer your hometown to house these guys? Finally, are you willing to face your
neighbors after you do?
Number Ten: These people
mean to kill us. I have said this
before, but for those of you who are suffering from some sort of brain-killing
liberalism or just in an awesome state of denial about the kind of nuts we are
facing, try these on for size. Here is
what these guys are saying about this conflict.
They are pretty straightforward, but I will add emphasis to what I find
most telling and I’ll only use their own words.
Hear them out; don’t let me influence you. (Source for these quotes: http://www.whitehouse.gov/news/releases/2006/09/20060905-7.html)
"These attacks
took off the skin of the American wolf and they have been left standing in
their filthy, naked reality. Thus the whole World awoke from its sleep and the Muslims realized the importance of the
belief of loving and hating for the sake of Allah; the ties of brotherhood
between the Muslims have become stronger, which is a very good sign and a great
step towards the unity of Muslims and establishing the Righteous Islamic
Khilafah insha-Allah." (Translation Of Purported Bin Laden Audio
Message, Posted On Islamist Site, 2/14/03)
"O young people
of Islam: Follow the orders of Almighty
God and His messenger and kill those people. Follow the example of Muhammad
Bin-Musallamah and his companions. Death is better than living on this earth
with the unbelievers amongst us, making a mockery of our religion and prophet,
God's peace and blessings upon him. Fear God, try to please Him, and do not consult with anyone regarding the
killing of those unbelievers." (Translation Of Bin Laden’s
52-Minute Audiotape, Posted On Jihadist Website, 4/27/06)
"Islam does not
coincide or make a truce with unbelief, but rather confronts it. The
confrontation that Islam calls for with these godless and apostate regimes,
does not know Socratic debates, Platonic ideals nor Aristotelian diplomacy. But
it knows the dialogue of bullets, the ideals of assassination, bombing, and
destruction, and the diplomacy of the cannon and machine-gun."
(Al-Qaeda Training Manual, Available At: http://www.au.af.mil/au/awc/awcgate/terrorism/alqaida_manual/,
Accessed 9/5/06)
"Let the entire
world hear me. Our hostility to the Great Satan is absolute. … I conclude my
speech with the slogan that will continue to reverberate on all occasions so
that nobody will think that we have weakened. Regardless of how the world has changed
after 11 September, Death to America will remain our reverberating and powerful
slogan: Death to America." (Hezbollah Leader Nasrallah Supports
Intifadah, Vows 'Death to America,' Aired On Beirut Al-Manar Television,
9/27/02)
Is this not yet clear to you? Now, I realize that these came from a “government”
website, but they were verified by other media, so deal with it. Once you read words like these, you can only
come to one conclusion: They want us dead.
Now we don’t have want them dead in return, but I would definitely
suggest keeping them exactly where they are, for the safety of the world in
general.