You don't have to go back in time as far as Europe's Devil's Island. Heck, the Euros have such bad oversight of their prisons that half a dozen war prisoners from Serbia/Croatia have died at The Hague recently.
Posted on 03/26/2006 5:41:08 PM PST by Aussie Dasher
Justice Antonin Scalia reportedly told an overseas audience this month that the U.S. Constitution does not protect foreigners held at America's military prison in Guantanamo Bay, Cuba.
Scalia also told the audience at the University of Freiberg in Switzerland that he was "astounded" at the "hypocritical" reaction in Europe to the prison, said this week's issue of Newsweek magazine.
The comments came just weeks before justices were to take up an appeal from a detainee at Guantanamo Bay.
Justices will hear arguments Tuesday on Salim Ahmed Hamdan's claim that President Bush has overstepped his constitutional authority in ordering a military trial for the former driver of al-Qaida leader Osama bin Laden, held at the prison for nearly four years.
Two years ago, the Supreme Court ruled that the detainees could use U.S. courts to challenge their detention. Scalia disagreed with that ruling, and in the recent speech repeated his beliefs that enemy combatants have no legal rights.
"War is war, and it has never been the case that when you captured a combatant you have to give them a jury trial in your civil courts," Newsweek quoted Scalia as saying in the speech. "Give me a break."
Scalia's dissent in the Rasul v. Bush case in 2004 said:
"The consequence of this holding, as applied to aliens outside the country, is breathtaking. It permits an alien captured in a foreign theater of active combat to bring a petition against the secretary of defense. ... Each detainee (at Guantanamo) undoubtedly has complaints — real or contrived — about those terms and circumstances. ... From this point forward, federal courts will entertain petitions from these prisoners, and others like them around the world, challenging actions and events far away, and forcing the courts to oversee one aspect of the executive's conduct of a foreign war."
Newsweek said Scalia was challenged by an audience member in Switzerland about whether Guantanamo detainees have protection under the Geneva or human rights conventions. He shot back: "If he was captured by my army on a battlefield, that is where he belongs. I had a son on that battlefield and they were shooting at my son, and I'm not about to give this man who was captured in a war a full jury trial. I mean it's crazy," Newsweek said.
Scalia's son Matthew, served in Iraq.
"Newsweek said Scalia was challenged by an audience member in Switzerland about whether Guantanamo detainees have protection under the Geneva or human rights conventions. He shot back: "If he was captured by my army on a battlefield, that is where he belongs. I had a son on that battlefield and they were shooting at my son, and I'm not about to give this man who was captured in a war a full jury trial. I mean it's crazy," Newsweek said."
If this is accurate he really dodged the question. Its one thing to say that people captured on the battlefield should not have civilian rights but its another to say they don't the rights of people captured on the battle field either.
Question:
Has anybody ever heard of Devil's Island?
Let me rephrase: Anybody ever seen the Steve McQueen/Dustin Hoffman movie Papillon (which is based on a true story)?
For some reason, I'm not gonna worry all that much about the European lectures about one of our prisons.
You don't have to go back in time as far as Europe's Devil's Island. Heck, the Euros have such bad oversight of their prisons that half a dozen war prisoners from Serbia/Croatia have died at The Hague recently.
"Scalia's son Matthew, served in Iraq."
They don't. The Geneva Convention mainly covers uniformed soldiers of organized states. Also, if the other side doesn't follow the rules...
It can be argued that in this age there is no front line or "battle field", but everywhere.
We must be guarded that Nations do not abuse the GWOT.
Will Cuba and China snatch people from the USA or other countries and say they are "terrorist"(dissidents)?
I can hear the keening of the Liberals as they scream for the justice to recuse himself.
"I can hear the keening of the Liberals as they scream for the justice to recuse himself."
I know Judges are not supposed to have ex parte communication with people who have case before them but I am unaware of restrictions on judges expressing their opinions in a monolog.
That won't stop the liberals.
The rights of people captured on the battlefield are to be held for the duration of the hostilities.
"The rights of people captured on the battlefield are to be held for the duration of the hostilities."
Agreed. But they have other rights.
True, he did not address the further issue of what rights, if any, the scumbags at Guantanamo do have. He should have taken the time to shred the claim of the Euro-twits that captured terrorists and 'fighters' in Afghanistan, etc. (who violated all of the requirements of the Geneva Conventions for lawful combatants) have any rights at all under the Geneva Conventions. We could have shot them all in-country as "unlawful combatants" and been within our rights. As it is, we are giving them 3 meals per day and more comforts than they have any right to expect. THAT is what Scalia should have explained to the Euro-twits.
Sorry make that ...Thats great but not fascinating . IF he wasn't an officer THAT would be fascinating !
According to you?
Who died and made you world emperor?
What exactly are the rights of undeclared combatants violating every definition and description of a soldier?
Who defined those rights?
When?
By what authority?
Please be specific.
What you think doesn't mean squat.
I have heard no one yet make that argument, except you.
Under some circumstances a prisoner has no rights, namely being a criminal, similar to a mass murderer, but under no country's jurisdiction since by definition they are covert surrogate fighters for countries that choose to remain anonymous.
Shooting them on sight might render the whole argument academic, but it would certainly work for me!
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