Well I don't have anything really original to post so I'm reposting something I wrote as part of a discussion about the war on another bbs back on April 3:
There are a great many things reported to be going on at Gitmo which appear to be in possible violation of the Uniform Code of Military Justice (US Code Title 10, subtitle A, part II, Chapter 47) and of the Geneva Conventions (which are legally binding on US personel) as well as of military rules and regulations. Just to mention a few:
Prisoners are either "Enemy Prisoners of War" or "Interned Civilians" there is no such thing under military law as a third category of "Enemy Combatant".
Prisoners must be repatriated immediately following the end of hostilities. You can't continue to hold them for years.
Prisoners are obligated to give only name, rank and serial number. Persistant involuntary interrogation is not allowed. They cannot be tortured or abused nor may they be punished for refusing to answer any questions other than name, rank and serial number.
Collective punishment is forbidden. A prisoner may be punished only for their own misdeeds after capture and only after the same due process of law which a soldier in our own armed forces has.
They cannot be coercively questioned with the intent of having them incriminate themselves.
Prisoners may not be held under inhumane conditions.
Prisoners are entitled to the recourse of law including the right to appeal through the military courts and to the US Supreme Court to challenge their unlawful detention.
Prisoners must be informed immediately before they are interrogated that they have the right to remain silent, that anything they say may be used in a court of law against them.
Prisoners may not be interned in a country where the climate is injurious to them.
Prisoners may not be interned in a neutral country such as Cuba without the agreement of that country.
see Uniform Code of Military Justice, http://www.access.gpo.gov/uscode/ti...chapter47_.html
MCRP 4-11.8C Enemy Prisoners of War and Civilian Internees, https://www.doctrine.quantico.usmc....pubs/r4118c.pdf
Reference Guide to the Geneva Conventions, http://www.genevaconventions.org/
The Hague Conventions, particularly Hague IV, Laws and Conventions of War on Land, http://www.yale.edu/lawweb/avalon/lawofwar/hague04.htm and Hague V, Rights and Duties of Neutral Powers in Case of War on Land, http://www.yale.edu/lawweb/avalon/lawofwar/hague05.htm
According to Hague V, the disposition of the prisoners at Guantanamo is up to Cuba, not the US... if Cuba orders them released in order to repatriate them then this must be done... this is why the US courts have ruled that they don't have jurisdiction, because it is sovereign territory of Cuba.
(end of self-quoted post)
BTW subsequent to my posting this info, the Marines removed their own unclassified manual on "Enemy Prisoners of War and Civilian Internees" from the website at Quantico. But the same doc is still available elsewhere on the web.
There are a great many things reported to be going on at Gitmo which appear to be in possible violation of the Uniform Code of Military Justice (US Code Title 10, subtitle A, part II, Chapter 47) and of the Geneva Conventions (which are legally binding on US personel) as well as of military rules and regulations. Just to mention a few:
Prisoners are either "Enemy Prisoners of War" or "Interned Civilians" there is no such thing under military law as a third category of "Enemy Combatant".
Prisoners must be repatriated immediately following the end of hostilities. You can't continue to hold them for years.
Prisoners are obligated to give only name, rank and serial number. Persistant involuntary interrogation is not allowed. They cannot be tortured or abused nor may they be punished for refusing to answer any questions other than name, rank and serial number.
Collective punishment is forbidden. A prisoner may be punished only for their own misdeeds after capture and only after the same due process of law which a soldier in our own armed forces has.
They cannot be coercively questioned with the intent of having them incriminate themselves.
Prisoners may not be held under inhumane conditions.
Prisoners are entitled to the recourse of law including the right to appeal through the military courts and to the US Supreme Court to challenge their unlawful detention.
Prisoners must be informed immediately before they are interrogated that they have the right to remain silent, that anything they say may be used in a court of law against them.
Prisoners may not be interned in a country where the climate is injurious to them.
Prisoners may not be interned in a neutral country such as Cuba without the agreement of that country.
see Uniform Code of Military Justice, http://www.access.gpo.gov/uscode/ti...chapter47_.html
MCRP 4-11.8C Enemy Prisoners of War and Civilian Internees, https://www.doctrine.quantico.usmc....pubs/r4118c.pdf
Reference Guide to the Geneva Conventions, http://www.genevaconventions.org/
The Hague Conventions, particularly Hague IV, Laws and Conventions of War on Land, http://www.yale.edu/lawweb/avalon/lawofwar/hague04.htm and Hague V, Rights and Duties of Neutral Powers in Case of War on Land, http://www.yale.edu/lawweb/avalon/lawofwar/hague05.htm
According to Hague V, the disposition of the prisoners at Guantanamo is up to Cuba, not the US... if Cuba orders them released in order to repatriate them then this must be done... this is why the US courts have ruled that they don't have jurisdiction, because it is sovereign territory of Cuba.
(end of self-quoted post)
BTW subsequent to my posting this info, the Marines removed their own unclassified manual on "Enemy Prisoners of War and Civilian Internees" from the website at Quantico. But the same doc is still available elsewhere on the web.
VIEW 17 of 17 COMMENTS
Please tell us in general what the main themes of the movie are.
What degree of prior knowledge about the 9/11 attacks do you think GW Bush had?
What chance is there that Usama is still acting as a CIA asset as he did in Afghanistan?
Any comment on the Oct 31, 2001 report in La Figaro that Usama bin Laden met with the CIA chief of station while in hospital in Doha, Dubai in July 2001?
Please explain the Bush/bin Laden connection with the Carlyle Group.
What similarities if any do you see between the society in Fahrenheit 451 where all written communication is censored and suppressed and trends in modern US society?
When I was in London while you were performing there I read that you received several threats and had some confrontation with the management of the theatre where you were performing over the security issues. Do you have any fear for your person?
Do you think it possible that you will be interned/disappeared as Billy Crystal implied after your Academy Award speech when he made as I recall a joke to the effect that Teamsters were now helping you into the trunk of your limousine?
President Kennedy once said that "If you make peaceful revolution impossible, you make violent revolution inevitable". Do you think peaceful revolution is still possible in the USA?
What difference would it make in practical terms to elect Kerry rather than Bush given that Kerry is a fellow Bonesman and says America mustn't "cut and run".
Please comment on the upcoming film, "Michael Moore Hates America"? (michaelmoorehatesamerica.com)
Ray Bradbury seems to be less than thrilled with your adaptation of the title of his book "Farenheit 451". A recent article (3 June, 2004) from Dagens Nyheter (the Swedish equivalent of the New York Times) quotes him as saying you are a "korkad skitstvel" which literally means "a stupid shitboot". Colloquially he probably said something in English to the effect that you are a stupid shithead or a dumb asshole. He goes on to say you stole his title and switched the numbers without ever asking him for permission. He says "Have you spoken with him? He is a terrible man".
Bradbury also blames you for undermining General Wesley Clark's campaign and accuses you of theft and dishonesty. He goes on to say of your Golden Palm, "So what?" He says the award was made by "People who hate us (Americans)".
(Excuse my poor translation although I lived in Sweden for a year and used my unabridged version of Norstedt's Svensk-Engelska Ordbok).
Have you ever spoken with Ray Bradbury and what is your reaction to his comments?
To what degree would you characterize your work as documentary, propaganda, or entertainment?
Why should people who support Bush, or who just dislike politics in general, see this film?
[Edited on Jun 20, 2004 10:30PM]
[Edited on Jun 20, 2004 10:52PM]
[Edited on Jun 20, 2004 10:54PM]
[Edited on Jun 21, 2004 1:06PM]