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Are we treating the enemy combatants fairly?
Hoover Institution ^ | 2/27/08 | Hoover Institution

Posted on 02/27/2008 8:18:13 PM PST by thankfultobefree

Hoover senior fellow Peter Berkowitz, chairman of Hoover's Koret-Taube Task Force on National Security, explains that the war against terror does indeed pose formidable challenges for the American legal system, in part because the United States is facing a threat "unlike any other in its history." Berkowitz states that, unlike previous enemies of the United States, this new enemy is "not part of a nation-state, does not fight in uniformed troops against other armies in uniformed troops, and does not limit itself to conventional armed conflict but instead targets civilians or operates in civilian areas, and its threat could continue for decades."

Journalist and Brookings fellow Benjamin Wittes (also a member of Hoover's Koret-Taube Task Force on National Security and Law) argues that "we cannot escape the fact that legal rules are inevitably less absolute, less truly legal, in this context than, for example, in the domestic civilian context." He argues, further, that the existing judicial review process as it pertains to enemy combatants is too ambiguous and calls for the U.S. government to clarify it. He proposes "Congress should write into law the procedures that consign people to detention for life at Guantánamo, make them significantly more generous to the accused, and structure judicial review for the narrow purpose of holding the military accountable to these clear statutory commands." Wittes also contends that, although direct judicial review might not placate everyone, it offers "a far simpler and more efficient means of ensuring compliance with procedural rules than does a habeas regime without a clear set of standards to enforce."

(Excerpt) Read more at hoover.org ...


TOPICS: Constitution/Conservatism; Foreign Affairs; News/Current Events; War on Terror
KEYWORDS: enemycombatants; guantanamobay; militarytribunal; terrorism; terrortrials

1 posted on 02/27/2008 8:18:18 PM PST by thankfultobefree
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To: thankfultobefree

Well let’s see.

Our last two US POWs in Iraq had their balls cut off and stuffed into their slit throats by Al Qaeda.

That Geneva Convention really helped there. Come to think of it, the GC hasn’t helped one American soldier since we signed it in 1947.

Non-uniformed enemy combatants are owed one thing—a firing squad.


2 posted on 02/27/2008 8:27:41 PM PST by exit82 (People get the government they deserve. And they are about to get it--in spades.)
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To: exit82
Non-uniformed enemy combatants are owed one thing—a firing squad.

And then their family should be sent a bill for the amunition used.

3 posted on 02/27/2008 8:30:46 PM PST by SoldierDad (Proud Dad of a 2nd BCT 10th Mountain Soldier home after 15 months in the Triangle of death)
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To: thankfultobefree

No, we are not treating them fairly at all. We should saw off their heads with dull knives, or burn them alive, that would be “fair” because that’s what they do to us.

Fairness has no place in warfare. (Recall: “All’s fair in love and war.”) The question is whether we should treat them according to the law. The answer is yes, and furthermore, in fact we do.


4 posted on 02/27/2008 8:30:57 PM PST by coloradan (The US is becoming a banana republic, except without the bananas - or the republic.)
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To: thankfultobefree

Not you personally, Thank...

5 posted on 02/27/2008 8:39:10 PM PST by Old Sarge (CTHULHU '08 - I won't settle for a lesser evil any longer!)
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To: thankfultobefree

If they can still fog a mirror, I think we’ve treated them more than fairly.


6 posted on 02/27/2008 8:42:18 PM PST by FlingWingFlyer (In November, we're going to be able to elect politicians who say they can change the weather. YAY!)
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To: thankfultobefree

No, we’re not being fair. Under the Geneva Convention we could just shoot the garbage and put it out. But first I’d sew bacon into their mouths.


7 posted on 02/27/2008 8:48:20 PM PST by PzLdr ("The Emperor is not as forgiving as I am" - Darth Vader)
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To: thankfultobefree
Berkowitz states that, unlike previous enemies of the United States, this new enemy is "not part of a nation-state, does not fight in uniformed troops against other armies in uniformed troops, and does not limit itself to conventional armed conflict but instead targets civilians or operates in civilian areas, and its threat could continue for decades."

Those that do not learn the lessons of history are condemned to repeat them.....

Piracy
Indian Wars along the US frontier
Mexican Rebels/bandits that lead to the Mexican/American War

What would Black Jack Pershing do? What would Teddy Roosevelt do?

clue: From the Halls of Montezuma to the shores of Tripoli

8 posted on 02/27/2008 11:31:53 PM PST by Robert357 (D.Rather "Hoist with his own petard!" www.freerepublic.com/focus/f-news/1223916/posts)
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To: thankfultobefree

We need to start all over...so lets toss the ones we have into the ocean and be done with it.


9 posted on 02/27/2008 11:34:27 PM PST by rrrod
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To: FlingWingFlyer
That 'fair' and 'enemy' are used in the same sentence is completely beyond me.

Play to win. Smite your enemy. Return home alive.

Where's the confusion?

10 posted on 02/27/2008 11:57:48 PM PST by Lizavetta
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To: rrrod
I agree ... my position for several years has been to take these folks to Gitmo, interrogate them until we are sure that they have spilled their guts, and then release them. Releasing them means giving them $100, put them on a ship to the Persian Gulf (10 miles offshore), and then throw them overboard. A good swimmer can make 10 miles eventually. Very humane ... Oh I forgot to mention this, the $100 should be in pennies in a bag shackled to a leg.
11 posted on 02/28/2008 2:34:06 AM PST by ByteMercenary (9-11: supported everywhere by followers of the the cult of islam.)
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To: thankfultobefree
Are we treating the enemy combatants fairly?

I hope NOT !

12 posted on 02/28/2008 2:39:19 AM PST by ATOMIC_PUNK (Drink no longer water, but use a little wine for thy stomach's sake and thine often infirmities.)
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To: ATOMIC_PUNK; thankfultobefree
Are we treating the enemy combatants fairly?

Unfortunately yes!

13 posted on 02/28/2008 2:53:12 AM PST by Lucius Cornelius Sulla (For what do we live, but to make sport for our neighbours, and laugh at them in our turn?)
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To: thankfultobefree
Are we treating the enemy combatants fairly?

Absolutely! They are still alive and have all their members. QED.

14 posted on 02/28/2008 3:20:33 AM PST by arthurus
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