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Why Not Shoot Them? A not-entirely-facetious consideration of the Gitmo conundrum
National Review ^ | 02/24/2016 | Kevin Williamson

Posted on 02/24/2016 7:58:38 AM PST by SeekAndFind

President Barack Obama has renewed his call for closing down the military prison at Guantanamo Bay, Cuba, and has thereby refreshed his conflict with congressional Republicans over the future of the facility, currently home to 91 sundry villains captured abroad during our ongoing national confrontation with the forces of radical Islam.

Gitmo presents the government with a triple bind: For President Obama, Gitmo is a hated symbol of President George W. Bush’s (purported) bellicosity and disregard for civil liberties; never mind that the Nobel Peace Prize laureate currently resident in the White House has discovered a strange, new, and convenient respect for other such Bush-era innovations as drone assassinations (which Obama expanded to include the extrajudicial execution, i.e., murder, of U.S. citizens) and the PATRIOT Act and NSA spying and the rest. All that can stay, in the president’s view, but Gitmo has to go. The second and third parts of the triple bind are 1) the fact that Congress will not cooperate with relocating Gitmo prisoners to the United States and thus invite meddling in military matters by domestic magistrates, and 2) the fact that, understandably enough, no other country is willing to accept these misfits.

But the usual framing of the question -- keep them in Gitmo or send them to some federal Supermax -- presents a false choice that ignores a seldom discussed option for dealing with these prisoners.

I refer, of course, to the relatively straightforward expedient of shooting them.

The prisoners held at Gitmo are, for the most part, what is known under international law as “francs-tireurs," non-uniformed militiamen who conduct sabotage and terrorism operations against occupation forces. Under Article 4 of the Geneva Conventions, fighters eligible for the protections extended to prisoners of war are obliged to meet several criteria, including the wearing of uniforms or fixed insignia and -- here’s the rub for the Islamic State et al. -- conducting their operations in accordance with the laws and customs of war. Non-uniformed militiamen and insurgents sawing the heads off of Wall Street Journal reporters do not qualify for Geneva Convention protections. They are, under the applicable international law, subject to summary execution, as are captured spies, terrorists, and the like.

So: Why not shoot them?

This takes us to a broader moral question about the use of execution per se. While U.S. military policy is not governed by Catholic teaching, it is worth considering Rome’s thinking on the question. If you listened only to U.S. bishops, who have an unfortunate weakness for peddling social-justice nostrums, you'd be tempted to conclude that the Catholic Church is categorically opposed to the practice of capital punishment. In fact, canon law is much more sophisticated than the Nerf-headed progressivism that dominates the American episcopal corpus, and it takes account of such relevant considerations as whether the sparing of an offender's life might put innocents in mortal danger. We already have adjudicated that question: That the prisoners at Gitmo present a mortal danger both to U.S. forces abroad as well as civilians in the United States and around the world is precisely why they remain prisoners at Gitmo. Those who have been judged (often wrongly!) to present no future threat are discharged. Catholic or otherwise, the fact that these men are likely to commit unspeakable outrages of the sort that we have come to expect from the worldwide Islamic-supremacist movement is unavoidably relevant.

So: Why not shoot them?

A main part of President Obama’s indictment of Gitmo is the fact -- and there is no doubt that it is a fact -- that the prison is used in recruitment propaganda by Islamic radicals. Gitmo, like drone strikes, is deeply unpopular among jihadists. There is a reason for that: Drone strikes kill jihadists, and Gitmo keeps them out of the game. Everything the United States does to defend itself against Islamic supremacists is unpopular with Islamic supremacists -- that doesn’t mean that we give them a veto over our national-security policy. No doubt executing the prisoners at Guantanamo Bay would send a shock through the Islamic world. Perhaps such a shock would be not entirely unhealthy.

So: Why not shoot them?

There have been reports of abuse at Gitmo, though of relatively tame stuff compared with, say, your average Thursday night at Rikers Island, where New York City jailers negligently roasted a homeless veteran to death. Parts of the facility are in poor repair, and one food-preparation area -- for our troops, not the prisoners -- was found to present an “above-average risk for food-borne illness” in a 2011 report. Typical government work, in other words. Abuses should be investigated and punished, and necessary maintenance should be undertaken. All of that should -- but does not necessarily -- go without saying. But none of it is an argument against Gitmo -- or, at least, not an argument against Gitmo that doesn’t apply with equal force to Fort Leavenworth, Lompoc, or Terminal Island.

If your complaint is that Gitmo is expensive to operate, consider that bullets are cheap.

So: Why not shoot them?

Both international law and careful moral consideration make room for summarily executing the prisoners at Gitmo. Perhaps you do not find that argument satisfactory. Perhaps something gnaws at your conscience when you consider the prospect of simply lining these men up and shooting them down. You can be confident that no such scruple infests the consciences of these men, who are part of a global undertaking that is positively giddy about the prospect of burning children alive and raping women to death to prove a point.

By way of comparison to what justice might actually bear, the conditions at Gitmo -- three hot halal meals and a Koran -- are indeed a powerful testament to American values, though not the sort of values that Barack Obama imagines. Gitmo may not exactly be the “resort” that its defenders sometimes joke that it is, but we could do worse -- much worse -- with these men and be entirely justified doing it.

If you do not like Gitmo, there are alternatives. But you might not like those, either.

-- Kevin D. Williamson is the roving correspondent at National Review.


TOPICS: Cuba; Foreign Affairs; News/Current Events; War on Terror
KEYWORDS: cuba; gitmo; guantanamo; terrorism
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1 posted on 02/24/2016 7:58:38 AM PST by SeekAndFind
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To: SeekAndFind

Shooting them and then burying them with pig carcasses would save us money and send a stern message


2 posted on 02/24/2016 8:00:47 AM PST by arl295
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To: SeekAndFind

They don’t need trials, either.


3 posted on 02/24/2016 8:01:49 AM PST by 17th Miss Regt
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To: SeekAndFind
Perhaps give each of them a retrial.

If they really are the vile terrorist scum that we think they are, empty the guns on them. Why not?

“There are those who look at things the way they are, and ask why... I dream of things that never were, and ask why not?”
-Robert Kennedy

4 posted on 02/24/2016 8:02:09 AM PST by PATRIOT1876 (The only crimes that are 100% preventable are those committed by illegal aliens)
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To: SeekAndFind

I’ll volunteer.


5 posted on 02/24/2016 8:02:30 AM PST by elcid1970 ("The Second Amendment is more important than Islam.")
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To: SeekAndFind

Bammy could just Drone them....


6 posted on 02/24/2016 8:03:12 AM PST by Paladin2
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To: SeekAndFind

Just read it. Certainly would be cheaper. Gulianni wanted to personally do it to Bin Laden for killing 3,000 in his city. Who has the nerve? Someone has to allow it. Trump won’t. Tip the arrows with pigs blood.


7 posted on 02/24/2016 8:03:42 AM PST by DIRTYSECRET (urope. Why do they put up with this.)
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To: arl295

“Shooting them and then burying them with pig carcasses would save us money and send a stern message...”

I think that would be an awful thing to do ... unless you promise to save the bacon first. If that is the case, then, I’m good to go.


8 posted on 02/24/2016 8:05:34 AM PST by jessduntno (The mind of a liberal...deceit, desire for control, greed, contradiction and fueled by hate.)
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To: arl295

You don’t even have to do that. Just a rumor of doing that is sufficient. Also, you could let out the rumor that all those executed willingly left islam for another religion in the days before their execution.


9 posted on 02/24/2016 8:05:37 AM PST by 17th Miss Regt
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To: SeekAndFind

Great suggestion but I think that the O is going to threaten to turn them all loose if he doesn’t get his way. So when the Republicans cave (notice I didn’t say “if.”) it will be because of O’s backdoor threats.


10 posted on 02/24/2016 8:07:05 AM PST by Mercat
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To: SeekAndFind

“It I s worth considering Rome’s thinking on the question”

No, it isn’t.

L


11 posted on 02/24/2016 8:09:29 AM PST by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: jessduntno; Salamander; Semper Mark

"I have a better idea."


12 posted on 02/24/2016 8:10:52 AM PST by shibumi (Vampire Outlaw of the Milky Way)
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To: SeekAndFind
All the more reason to keep it open. Why does Soetoro want to close it? A main part of President Obama’s indictment of Gitmo is the fact -- and there is no doubt that it is a fact -- that the prison is used in recruitment propaganda by Islamic radicals. Gitmo, like drone strikes, is deeply unpopular among jihadists. There is a reason for that: Drone strikes kill jihadists, and Gitmo keeps them out of the game. The Jihadist-In-Chief doesn't want to be deeply unpopular among his brethren.
13 posted on 02/24/2016 8:14:57 AM PST by immadashell (Save Innocent Lives - ban gun free zones)
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To: SeekAndFind
They should have all been killed before Inauguration Day 2009.

Once again, Bush's fault.

The elapsed time from the arrests of the German terrorists landed at Amagansett in 1942 to their date with the electric chair was 38 days. This included formal Supreme Court review of the trials before a military tribunal and the death sentences.

The establishment of a detention facility at Guantanamo Bay was a mistake. Treating them as if they were prisoners of war was another. Keeping them alive until Obama could take custody was another.

14 posted on 02/24/2016 8:20:27 AM PST by Jim Noble (Diseases desperate grown, are by desperate appliance relieved, or not at all)
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To: SeekAndFind

Put ‘em on an old jet on auto pilot. Fly halfway over the Atlantic. Shoot down the jet. Call it an ‘accident’.

the end.


15 posted on 02/24/2016 8:21:12 AM PST by Longdriver69
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To: SeekAndFind

Should have been dead long ago. They offer zero value to POSOTUS and Hillary Rotten Criminal’s latest iteration of Islam - ISIS

AFP is FUBAR


16 posted on 02/24/2016 8:23:35 AM PST by PGalt
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To: Longdriver69

Problem solved.


17 posted on 02/24/2016 8:24:23 AM PST by Col Frank Slade
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To: SeekAndFind
" So: Why not shoot them? "

Well, just speaking for myself, hypothetically, if I had the authority and then chose to NOT shoot them, the reason for it would be me being sympathetic to them and to their cause. On their side, IOW.

Otherwise, realistically, I see the point in shooting them or liquidating them by some other convenient means involving the use of pork entrails.

The guy has a point. Shoot them and if someone doesn't like it that's TS. We'll shoot the next ones too.

18 posted on 02/24/2016 8:28:10 AM PST by OKSooner (Burn it down. Burn it to the ground and punish the guilty.)
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To: SeekAndFind

They all should have been tried by a military tribunal years ago and most, especially SKM, should have been executed. However, our weak kneed leadership, in particular Obama, didn’t have the stomach to execute these war criminals. Even our current means of execution, lethal injection, would have given them more dignity then they deserved. Like the Nazi war criminals they should have been hanged and there bodies dumped into the sea without ceremony.


19 posted on 02/24/2016 8:28:11 AM PST by The Great RJ (�Socialists are happy until they run out of other people's money.� Margaret Thatcher)
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To: SeekAndFind
Like

FMCDH(BITS)

20 posted on 02/24/2016 8:32:07 AM PST by nothingnew (Hemmer and MacCullum are the worst on FNC)
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