[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

"International court’s attack on Israel a sign of the free world’s moral collapse"

"Pete Hegseth Is Right for the DOD"

"Why Our Constitution Secures Liberty, Not Democracy"

Woodworking and Construction Hacks

"CNN: Reporters Were Crying and Hugging in the Hallways After Learning of Matt Gaetz's AG Nomination"

"NEW: Democrat Officials Move to Steal the Senate Race in Pennsylvania, Admit to Breaking the Law"

"Pete Hegseth Is a Disruptive Choice for Secretary of Defense. That’s a Good Thing"

Katie Britt will vote with the McConnell machine

Battle for Senate leader heats up — Hit pieces coming from Thune and Cornyn.

After Trump’s Victory, There Can Be No Unity Without A Reckoning

Vivek Ramaswamy, Dark-horse Secretary of State Candidate

Megyn Kelly has a message for Democrats. Wait for the ending.

Trump to choose Tom Homan as his “Border Czar”

"Trump Shows Demography Isn’t Destiny"

"Democrats Get a Wake-Up Call about How Unpopular Their Agenda Really Is"

Live Election Map with ticker shows every winner.

Megyn Kelly Joins Trump at His Final PA Rally of 2024 and Explains Why She's Supporting Him

South Carolina Lawmaker at Trump Rally Highlights Story of 3-Year-Old Maddie Hines, Killed by Illegal Alien

GOP Demands Biden, Harris Launch Probe into Twice-Deported Illegal Alien Accused of Killing Grayson Davis

Previously-Deported Illegal Charged With Killing Arkansas Children’s Hospital Nurse in Horror DUI Crash

New Data on Migrant Crime Rates Raises Eyebrows, Alarms

Thousands of 'potentially fraudulent voter registration applications' Uncovered, Stopped in Pennsylvania

Michigan Will Count Ballot of Chinese National Charged with Voting Illegally

"It Did Occur" - Kentucky County Clerk Confirms Voting Booth 'Glitch'' Shifted Trump Votes To Kamala

Legendary Astronaut Buzz Aldrin 'wholeheartedly' Endorses Donald Trump

Liberal Icon Naomi Wolf Endorses Trump: 'He's Being More Inclusive'

(Washed Up Has Been) Singer Joni Mitchell Screams 'F*** Trump' at Hollywood Bowl

"Analysis: The Final State of the Presidential Race"

He’ll, You Pieces of Garbage

The Future of Warfare -- No more martyrdom!

"Kamala’s Inane Talking Points"

"The Harris Campaign Is Testament to the Toxicity of Woke Politics"

Easy Drywall Patch

Israel Preparing NEW Iran Strike? Iran Vows “Unimaginable” Response | Watchman Newscast

In Logansport, Indiana, Kids are Being Pushed Out of Schools After Migrants Swelled County’s Population by 30%: "Everybody else is falling behind"

Exclusive — Bernie Moreno: We Spend $110,000 Per Illegal Migrant Per Year, More than Twice What ‘the Average American Makes’

Florida County: 41 of 45 People Arrested for Looting after Hurricanes Helene and Milton are Noncitizens

Presidential race: Is a Split Ticket the only Answer?

hurricanes and heat waves are Worse

'Backbone of Iran's missile industry' destroyed by IAF strikes on Islamic Republic

Joe Rogan Experience #2219 - Donald Trump

IDF raids Hezbollah Radwan Forces underground bases, discovers massive cache of weapons

Gallant: ‘After we strike in Iran,’ the world will understand all of our training

The Atlantic Hit Piece On Trump Is A Psy-Op To Justify Post-Election Violence If Harris Loses

Six Al Jazeera journalists are Hamas, PIJ terrorists

Judge Aileen Cannon, who tossed Trump's classified docs case, on list of proposed candidates for attorney general

Iran's Assassination Program in Europe: Europe Goes Back to Sleep

Susan Olsen says Brady Bunch revival was cancelled because she’s MAGA.

Foreign Invaders crisis cost $150B in 2023, forcing some areas to cut police and fire services: report

Israel kills head of Hezbollah Intelligence.


Status: Not Logged In; Sign In

Other
See other Other Articles

Title: The fill in the blank quiz that stumped war!
Source: [None]
URL Source: [None]
Published: Oct 14, 2011
Author: A K A Stone
Post Date: 2011-10-14 08:58:37 by A K A Stone
Keywords: None
Views: 73247
Comments: 107

In the United States of America you are considered ___________________ until proven guilty.

Post Comment   Private Reply   Ignore Thread  


TopPage UpFull ThreadPage DownBottom/Latest

Comments (1-18) not displayed.
      .
      .
      .

#19. To: Ferret Mike (#17)

I am not impressed.

I'm not impressed with you either. You say you are against the death penalty. Yet since it is your messiah you think that he can murder at will

They said he was involved in 911, which you say you think was an inside job. Yet you condone Obamas assassination of someone that is an American citizen. Even if he was a disgusting human being.

Hypocrite. If Bush had done this you would have been calling for impeachment. Like I said. You aren't impressive at all.

A K A Stone  posted on  2011-10-14   14:30:23 ET  Reply   Trace   Private Reply  


#20. To: A K A Stone (#19)
(Edited)

There isn't a day that goes by here wherein you do not call for the summary execution of people who a) you don't agree with or b) whose way of living you don't agree with.

[RENT THIS SPACE INSIDE BOOFER'S HEAD]

war  posted on  2011-10-14   14:33:46 ET  Reply   Trace   Private Reply  


#21. To: war (#20)

There isn't a day that goes by here wherein you do not call for the summary execution of people who a) you don't agree with or b) whose way of living you don't agree with.

That is rich. I'm the one saying a man was assassinated and saying it is wrong.

You are saying the President can say anyone is a terrorist and kill him at will with no evidence ever being presented.

Moron.

A K A Stone  posted on  2011-10-14   14:39:24 ET  Reply   Trace   Private Reply  


#22. To: A K A Stone (#21)

That is rich. I'm the one saying a man was assassinated and saying it is wrong.

No soldier is assassinated. They are killed.

You are saying the President can say anyone is a terrorist and kill him at will with no evidence ever being presented.

That is not what I am saying and I have asked you previously not to put words into my mouth...

[RENT THIS SPACE INSIDE BOOFER'S HEAD]

war  posted on  2011-10-14   14:43:49 ET  Reply   Trace   Private Reply  


#23. To: A K A Stone (#21)

Moron.

If you're trying that out as a screen name...it works for you...

[RENT THIS SPACE INSIDE BOOFER'S HEAD]

war  posted on  2011-10-14   14:44:17 ET  Reply   Trace   Private Reply  


#24. To: war (#22)

No soldier is assassinated. They are killed.

What army was he in?

A K A Stone  posted on  2011-10-14   14:44:35 ET  Reply   Trace   Private Reply  


#25. To: A K A Stone (#21)

Would you also condemn it if the United States had sent operatives to kill Benedict Arnold where he lived his exile in disgrace after betraying his country?

Just curious mind you. I mean, I know you wouldn't want to see him paying with his life for having done the obvious by openly working with the oppressive British out to destroy our new nation.

I mean, why create incentive not to betray a trust this large, right?

Ferret Mike  posted on  2011-10-14   14:47:10 ET  Reply   Trace   Private Reply  


#26. To: Ferret Mike (#25)

Would you also condemn it if the United States had sent operatives to kill Benedict Arnold where he lived his exile in disgrace after betraying his country?

Just curious mind you. I mean, I know you wouldn't want to see him paying with his life for having done the obvious by openly working with the oppressive British out to destroy our new nation.

I mean, why create incentive not to betray a trust this large, right?

So 911 wasn't an inside job? Got ya.

Oh you say it wasn't. They why did they kill him for it?

Hypocrite.

A K A Stone  posted on  2011-10-14   14:49:11 ET  Reply   Trace   Private Reply  


#27. To: A K A Stone (#24)

What army was he in?

Al Qaeda...

[RENT THIS SPACE INSIDE BOOFER'S HEAD]

war  posted on  2011-10-14   14:49:43 ET  Reply   Trace   Private Reply  


#28. To: A K A Stone (#26)

Answer the hypothetical. What's the matter? Afraid to?

You are deflecting and stalling.

Ferret Mike  posted on  2011-10-14   14:50:49 ET  Reply   Trace   Private Reply  


#29. To: war (#27)

Al Qaeda...

You mean the word that no on ever heard of until after 911. Fiction to fool the fools.

Fool.

A K A Stone  posted on  2011-10-14   14:50:52 ET  Reply   Trace   Private Reply  


#30. To: A K A Stone (#26)

If you don't answer because you are ignorant as to who and what Benedict Arnold was, I would understand. At least then you would be consistent with how you usually are.

Ferret Mike  posted on  2011-10-14   14:53:46 ET  Reply   Trace   Private Reply  


#31. To: A K A Stone (#29)

You mean the word that no on ever heard of until after 911. Fiction to fool the fools.

Al Qaeda was known prior to 9/11.

I already know that you know a lot that isn't. You don't need to impress me any more...

[RENT THIS SPACE INSIDE BOOFER'S HEAD]

war  posted on  2011-10-14   14:54:09 ET  Reply   Trace   Private Reply  


#32. To: Ferret Mike (#30)

I have no opinion if they should have went and assassinated Benedict Arnold. Of course I know who that traitor was.

A K A Stone  posted on  2011-10-14   14:55:42 ET  Reply   Trace   Private Reply  


#33. To: war (#31)

Al Qaeda was known prior to 9/11.

Can you find something on the net that mentions them say in the nineties?

A K A Stone  posted on  2011-10-14   14:56:17 ET  Reply   Trace   Private Reply  


#34. To: A K A Stone (#33) (Edited)

Can you find something on the net that mentions them say in the nineties?

Do you see "File Clerk" stamped on my head?

[RENT THIS SPACE INSIDE BOOFER'S HEAD]

war  posted on  2011-10-14   14:57:05 ET  Reply   Trace   Private Reply  


#35. To: war (#34)

Do you see "File Clerk" stamped on my head?

No. I see bullshitter on your head.

I've looked in the past. I couldn't find anything.

A K A Stone  posted on  2011-10-14   14:59:19 ET  Reply   Trace   Private Reply  


#36. To: war (#34)

You made the claim. You can't back it up.

A K A Stone  posted on  2011-10-14   14:59:41 ET  Reply   Trace   Private Reply  


#37. To: A K A Stone (#35)

Yea...I fucked up the HTML tag...sorry...go read the post again...

A good dose of irony ruined by computer illiteracy...

[RENT THIS SPACE INSIDE BOOFER'S HEAD]

war  posted on  2011-10-14   15:00:43 ET  Reply   Trace   Private Reply  


#38. To: A K A Stone (#36)

U.S. Indictment: 'Detonated an Explosive Device' Published: November 5, 1998

E-Mail

Send To Phone Print

Following is an excerpt from the indictment returned yesterday in a Federal District Court in Manhattan against the Saudi exile, Osama bin-Laden:

At all relevant times from, in or about 1989 until the date of the filing of this indictment, an international terrorist group existed which was dedicated to opposing non-Islamic governments with force and violence. This organization grew out of the ''mekhtab al khidemat'' (the ''Services Office'') organization which had maintained offices in various parts of the world, including Afghanistan, Pakistan (particularly in Peshawar) and the United States, particularly at the Alkifah Refugee Center in Brooklyn, N.Y. The group was founded by defendants Osama bin Laden and Muhammad Atef, a.k.a ''Abu Hafs al- Masry,'' together with ''Abu Ubaidah al-Banshiri'' and others. From in or about 1989 until the present, the group called itself ''Al Qaeda''' (''the Base''). From 1989 until in or about 1991, the group (hereafter referred to as ''Al Qaeda'') was headquartered in Afghanistan and Peshawar, Pakistan. In or about 1991, the leadership of Al Qaeda, including its ''emir'' (or prince) defendant Osama bin Laden, relocated to Sudan. Al Qaeda was headquartered in the Sudan from approximately 1991 until approximately 1996 but still maintained offices in various parts of the world. In 1996, defendants Osama bin Laden and Muhammad Atef and other members of Al Qaeda relocated to Afghanistan. At all relevant times, Al Qaeda was led by its emir, defendant Osama bin Laden. Members of Al Qaeda pledged an oath of allegiance (called a ''bayat'') to defendant Osama bin Laden and Al Qaeda.

Al Qaeda opposed the United States for several reasons. First, the United States was regarded as an 'infidel'' because it was not governed in a manner consistent with the group's extremist interpretation of Islam. Second, the United States was viewed as providing essential support for other ''infidel'' governments and institutions, particularly the governments of Saudi Arabia and Egypt, the nation of Israel and the United Nations organization, which were regarded as enemies of the group. Third, Al Qaeda opposed the involvement of the United States armed forces in the [Persian] gulf war in 1991 and in Operation Restore Hope in Somalia in 1992 and 1993, which were viewed by Al Qaeda as pretextual preparations for an American occupation of Islamic countries. In particular, Al Qaeda opposes the continued presence of American military forces in Saudi Arabia (and elsewhere on the Saudi Arabian peninsula) following the gulf war. Fourth, Al Qaeda opposed the United States Government because of the arrest, conviction and imprisonment of persons belonging to Al Qaeda or its affiliated terrorist groups or with whom it worked, including Sheik Omar Abdel Rahman.

One of the principal goals of Al Qaeda was to drive the United States armed forces out of Saudi Arabia (and elsewhere on the Saudi Arabian peninsula) and Somalia by violence. Members of Al Qaeda issued fatwahs (rulings of Islamic law) indicating that such attacks were both proper and necessary.

Al Qaeda functioned both on its own and through some of the terrorist organizations that operated under its umbrella, including: the Al Jihad group based in Egypt, led by, among others, Dr. Ayman al-Zawahiri, named as a co- conspirator but not as a defendant herein; the Islamic Group (also known as ''El Gamaa Islamia'' or simply ''Gamaa't''), led by Sheik Omar Abdel Rahman and later by Ahmed Refai Taha, a.k.a. ''Abu Yasser al-Masri,'' named as co- conspirators but not as defendants herein; and a number of jihad groups. . . .

Osama bin Laden, the defendant, and Al Qaeda also forged alliances with the National Islamic Front in the Sudan and with representatives of the Government of Iran, and its associated terrorist group Hezbollah, for the purpose of working together against their perceived common enemies in the West, particularly the United States. . . .

On Oct. 3 and 4, 1993, in Mogadishu, Somalia, persons who had been trained by Al Qaeda (and by trainers trained by Al Qaeda) participated in an attack on United States military personnel serving in Somalia as part of Operation Restore Hope, which resulted in the killing of 18 United States Army personnel. . . .

[RENT THIS SPACE INSIDE BOOFER'S HEAD]

war  posted on  2011-10-14   15:03:22 ET  Reply   Trace   Private Reply  


#39. To: A K A Stone (#36)

Texan Charged With Bin Laden Link By BENJAMIN WEISER Published: September 22, 1998

E-Mail

Send To Phone Print

A Texan was indicted yesterday on new charges that he lied about his knowledge of the activities of Osama bin Laden, the Saudi exile suspected in the bombings of the United States Embassies in Kenya and Tanzania last month.

In bringing the new charges against Wadih el Hage, an Arlington, Tex., man who has admitted that he worked as Mr. bin Laden's personal secretary in the Sudan in 1994, Federal prosecutors in Manhattan offered their most expansive look yet at the scope and direction of their investigation into Mr. bin Laden and his organization, Al Qaeda.

[RENT THIS SPACE INSIDE BOOFER'S HEAD]

war  posted on  2011-10-14   15:04:18 ET  Reply   Trace   Private Reply  


#40. To: A K A Stone (#32) (Edited)

If you were of that time and were having tea and crumpets in a restaurant at a table next to him, would you smile and tip your three cornered hat his way and wish him well for the day?

Oh, I know, who are you to involve yourself in condemning betrayal with the death and oppression of his fellow countrymen in mind while this man sought to gain money and influence to his face? Ain't any of your business, right?

You have no opinion on this known infamy and would not want to see Mr. Arnold pay with his life for his murderous actions, I see.

Damn Stone, the least you could do is parrot your old saw and accuse him of having been the father of all those who kill babies and mumble the usual vague generalities of condemnation you love so much in his general direction.

Ferret Mike  posted on  2011-10-14   15:05:46 ET  Reply   Trace   Private Reply  


#41. To: A K A Stone (#36)

Where'd you go?

[snicker]

[RENT THIS SPACE INSIDE BOOFER'S HEAD]

war  posted on  2011-10-14   15:07:57 ET  Reply   Trace   Private Reply  


#42. To: A K A Stone (#35)

rotflmao.

Proxy IP's are amusing.....lmao

Badeye  posted on  2011-10-14   15:14:04 ET  Reply   Trace   Private Reply  


#43. To: war (#41)

First he flicks his Cricket lighter at you with this superfluous and self serving attack thread, then when cornered he only leaves the sound of crickets chirping in his retreat into silence.

Ferret Mike  posted on  2011-10-14   15:18:13 ET  (1 image) Reply   Trace   Private Reply  


#44. To: Badeye (#42) (Edited)

It's only me and Mike in here now Boofer. Try two threads over...

[snicker]

[RENT THIS SPACE INSIDE BOOFER'S HEAD]

war  posted on  2011-10-14   15:25:43 ET  Reply   Trace   Private Reply  


#45. To: A K A Stone (#36)

Stone bitch slap BUMP...

[RENT THIS SPACE INSIDE BOOFER'S HEAD]

war  posted on  2011-10-14   15:31:02 ET  Reply   Trace   Private Reply  


#46. To: war (#44)

I just caught up with the tail end of this thread. Where did Stoned disappear to?

Fred Mertz  posted on  2011-10-14   15:31:36 ET  Reply   Trace   Private Reply  


#47. To: Fred Mertz (#46) (Edited)

The same place his tail and his head is...

Are?

[RENT THIS SPACE INSIDE BOOFER'S HEAD]

war  posted on  2011-10-14   15:32:17 ET  Reply   Trace   Private Reply  


#48. To: war (#47)

Should we call a proctologist for him? Get 911... make popcorn...

Ferret Mike  posted on  2011-10-14   15:46:47 ET  (1 image) Reply   Trace   Private Reply  


#49. To: A K A Stone (#36)

BUMP

[RENT THIS SPACE INSIDE BOOFER'S HEAD]

war  posted on  2011-10-14   16:02:01 ET  Reply   Trace   Private Reply  


#50. To: war (#38)

Following is an excerpt from the indictment returned yesterday in a Federal District Court

I asked for something predating 911. Back in the nineties. This is just from yesterday making claims.

Go try again.

A K A Stone  posted on  2011-10-14   16:11:48 ET  Reply   Trace   Private Reply  


#51. To: A K A Stone (#50)

Are you blind? Go get your reading glasses Stoned.

Fred Mertz  posted on  2011-10-14   16:15:33 ET  Reply   Trace   Private Reply  


#52. To: A K A Stone (#50)

You might consider changing the title to:

The fill in the blank quiz that backfired!

(chuckle)

Fred Mertz  posted on  2011-10-14   16:17:45 ET  Reply   Trace   Private Reply  


#53. To: Fred Mertz (#51)

Following is an excerpt from the indictment returned yesterday

A K A Stone  posted on  2011-10-14   16:22:30 ET  Reply   Trace   Private Reply  


#54. To: Fred Mertz (#52)

Can you fill in the blank? War hasn't been able to yet.

A K A Stone  posted on  2011-10-14   16:23:11 ET  Reply   Trace   Private Reply  


#55. To: A K A Stone (#53)

On Oct. 3 and 4, 1993, in Mogadishu, Somalia, persons who had been trained by Al Qaeda (and by trainers trained by Al Qaeda) participated in an attack on United States military personnel serving in Somalia as part of Operation Restore Hope, which resulted in the killing of 18 United States Army personnel. . . .

Are you blind?

Fred Mertz  posted on  2011-10-14   16:25:16 ET  Reply   Trace   Private Reply  


#56. To: A K A Stone (#54)

It was "filled in" in #5.

[RENT THIS SPACE INSIDE BOOFER'S HEAD]

war  posted on  2011-10-14   19:54:18 ET  Reply   Trace   Private Reply  


#57. To: A K A Stone (#53)

Following is an excerpt from the indictment returned yesterday

Dated from 1998, doof...

[RENT THIS SPACE INSIDE BOOFER'S HEAD]

war  posted on  2011-10-14   19:55:47 ET  Reply   Trace   Private Reply  


#58. To: war, A K A Stone (#5)

The issue is what powers the Commander in Chief has in ordering the killing of a specific enemy combatant.

Neither Aulaqi nor any Al Qaeda fighter is classified as an enemy combatant.

Even the Israeli Supreme Court has ruled that the Palestinian Freedom Fighters are civilians and not enemy combatants. PCATI v. Israel, HCJ 769/02 (2006) "as we have seen, the terrorists acting against Israel are not combatants according to the definition of that term in international law...."

The U.S. Supreme Court held that Al Qaeda and Taliban fighters were entitled to the protection of Geneva Convention Common Article 3 and that it is not a conflict of an international character. It further found, "Even assuming that Hamden [sic - Hamdan] is a dangerous individual who would cause great harm or death to innocent civilians given the opportunity, the Executive nevertheless must comply with the prevailing rule of law in undertaking to try him and subject him to criminal punishment." In 2006, the Bush administration "agreed to apply the Geneva Conventions to all terrorism suspects in U.S. custody, bowing to the Supreme Court's recent rejection of policies that have imprisoned hundreds for years without trials."

All enemy combatants, upon capture, are entitled to POW status. The Al Qaeda fighters are not classified as enemy combatants.

Even the Israeli Supreme Court has ruled that the Palestinian Freedom Fighters are civilians and not enemy combatants. PCATI v. Israel, HCJ 769/02 (2006) "as we have seen, the terrorists acting against Israel are not combatants according to the definition of that term in international law...."

The U.S. Supreme Court held that Al Qaeda fighters were entitled to the protection of Geneva Convention Common Article 3 and that it is not a conflict of an international character. It further found, "Even assuming that Hamden [sic - Hamdan] is a dangerous individual who would cause great harm or death to innocent civilians given the opportunity, the Executive nevertheless must comply with the prevailing rule of law in undertaking to try him and subject him to criminal punishment." In 2006, the Bush administration "agreed to apply the Geneva Conventions to all terrorism suspects in U.S. custody, bowing to the Supreme Court's recent rejection of policies that have imprisoned hundreds for years without trials."

All enemy combatants, upon capture, are entitled to POW status. The Al Qaeda fighters are not classified as enemy combatants.

The Israeli Supreme Court found that the Palestinian fighters were not combatants. The U.S. Supreme Court found that Al Qaeda fighters are not combatants. Both courts found that the Geneva Conventions apply.

In Hamdan v. Rumsfeld, the U.S. Supreme Court held that in armed conflict involving alleged members of Al Qaeda, the Geneva Convention Common Article 3 applies, it must be complied with, and its protections must be observed. Oh snap!

OCTOBER TERM, 2005

(Bench Opinion)

Syllabus

NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.

SUPREME COURT OF THE UNITED STATES

Syllabus

HAMDAN v. RUMSFELD, SECRETARY OF DEFENSE, ET AL.

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

No. 05-184.

Argued March 28, 2006 - Decided June 29, 2006

At 1-2:

The District Court granted habeas relief and stayed the commission's proceedings, concluding that the President's authority to establish military commissions extends only to offenders or offenses triable by such a commission under the law of war; that such law includes the Third Geneva Convention; that Hamdan is entitled to that Convention's full protections until adjudged, under it, not to be a prisoner of war; and that, whether or not Hamdan is properly classified a prisoner of war, the commission convened to try him was established in violation of both the Uniform Code of Military Justice (UCMJ), 10 U. S. C. §801 et seq., and Common Article 3 of the Third Geneva Convention because it had the power to convict based on evidence the accused would never see or hear. The D. C. Circuit reversed.

At 4:

4. The military commission at issue lacks the power to proceed because its structure and procedures violate both the UCMJ and the four Geneva Conventions signed in 1949. Pp. 49-72.

At 6:

(d) The procedures adopted to try Hamdan also violate the Geneva Conventions. The D. C. Circuit dismissed Hamdan's challenge in this regard on the grounds, inter alia, that the Conventions are not judicially enforceable and that, in any event, Hamdan is not entitled to their protections. Neither of these grounds is persuasive. Pp. 62–68.

At 6:

(ii) Alternatively, the appeals court agreed with the Government that the Conventions do not apply because Hamdan was captured during the war with al Qaeda, which is not a Convention signatory, and that conflict is distinct from the war with signatory Afghanistan. The Court need not decide the merits of this argument because there is at least one provision of the Geneva Conventions that applies here even if the relevant conflict is not between signatories. Common Article 3, which appears in all four Conventions, provides that, in a "conflict not of an international character occurring in the territory of one of the High Contracting Parties [i.e., signatories], each Party to the conflict shall be bound to apply, as a minimum," certain provisions protecting "[p]ersons . . . placed hors de combat by . . . detention," including a prohibition on "the passing of sentences . . . without previous judgment . . . by a regularly constituted court affording all the judicial guarantees . . . recognized as indispensable by civilized peoples." The D. C. Circuit ruled Common Article 3 inapplicable to Hamdan because the conflict with al Qaeda is international in scope and thus not a "conflict not of an international character." That reasoning is erroneous. That the quoted phrase bears its literal meaning and is used here in contradistinction to a conflict between nations is demonstrated by Common Article 2, which limits its own application to any armed conflict between signatories and provides that signatories must abide by all terms of the Conventions even if another party to the conflict is a nonsignatory, so long as the nonsignatory "accepts and applies" those terms. Common Article 3, by contrast, affords some minimal protection, falling short of full protection under the Conventions, to individuals associated with neither a signatory nor even a nonsignatory who are involved in a conflict "in the territory of" a signatory. The latter kind of conflict does not involve a clash between nations (whether signatories or not). Pp. 65.68.

(iii) While Common Article 3 does not define its "regularly constituted court" phrase, other sources define the words to mean an "ordinary military cour[t]" that is "established and organized in accordance with the laws and procedures already in force in a country." The regular military courts in our system are the courts-martial established by congressional statute. At a minimum, a military commission can be "regularly constituted" only if some practical need explains deviations from court-martial practice. No such need has been demonstrated here. Pp. 69.70.

(iv) Common Article 3's requirements are general, crafted to accommodate a wide variety of legal systems, but they are requirements nonetheless. The commission convened to try Hamdan does not meet those requirements. P. 72.

(d) Even assuming that Hamden is a dangerous individual who would cause great harm or death to innocent civilians given the opportunity, the Executive nevertheless must comply with the prevailing rule of law in undertaking to try him and subject him to criminal punishment. P. 72.

-

-

-

-

Hamdan v Rumsfeld, 548 US 557 (2006) - Armed Conflict With Al Qaeda and Common Articles 2 and 3

nolu chan  posted on  2011-10-14   21:55:37 ET  (3 images) Reply   Trace   Private Reply  


#59. To: war, A K A Stone (#8)

Why do you spout this bullshit?

First off, "enemy combatant" is TWO words.

Secondly,. read the decision rendered in Ex Parte Qurin from 1942. The term "ENEMY COMBATANT" has been around for decades.

Thirdly, as a result of court decisions surrounding the detention of Al Qaeda prisoners at Gitmo, DumbDubv43 was actually forced to narrowly define what an "enemy combatant" was in the war against Al Qeada:

"Enemy combatant" shall mean an individual who was part of or supporting Taliban or al Qaeda forces, or associated forces that are engaged in hostilities against the United States or its coalition partners. This includes any person who has committed belligerent act or has directly supported hostilities in aid of enemy combat forces.

This bullshit was destroyed by the U.S. Supreme Court in Hamdan.

nolu chan  posted on  2011-10-14   21:59:19 ET  Reply   Trace   Private Reply  



      .
      .
      .

Comments (60 - 107) not displayed.

TopPage UpFull ThreadPage DownBottom/Latest

[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Please report web page problems, questions and comments to webmaster@libertysflame.com