Posted on 01/17/2002 1:11:53 AM PST by Cincinatus' Wife
There is a 20-page, unanimous Supreme Court decision, written in plain English, that makes crystal clear the status of these prisoners and the trials that await them.
Ex Parte Quirin, 1942, upheld the trial of eight German saboteurs who entered Florida and Long Island from German submarines with money, maps, and plans for bombing. One of them turned state's evidence, so the plan unraveled before any targets were hit. All eight were convicted; six were executed.
The Baltimore Sun ran on 16 December a politically biased and factually false article on this case. The Washington Post ran on 15 January an article which was more accurate about the facts of the case, but still lied about its legal meaning. Neither article quoted from the case. And the article on this thread is a step backwards, in not even mentioning the case.
The Geneva Convention has zero application to these prisoners. The Convention states four conditions for it to apply. The Al Qaeda prisoners fail all four of thoese conditions.
I urge all FReepers to use the link provided, and actually read the Quirin case, right now. If you do, you will know more about the status of these prisoners and the trials they will shortly face, than 99.44% of the American press who are daily spewing false reports in abject ignorance of the situation. Because Quirin is written in plain English, I recommend it to laymen as well as lawyers. It is very "accessible."
As FReepers well know, the best way to combat the bias of the media is to get the facts, and then smack the media upside the head with the facts. The unanimous Quirin case, and the "law of war" which it thoroughly discusses, are the central facts on this subject.
I urge everyone who sees this post to take time to click up and read the Quirin case, and then spread the word. As Thomas Jefferson wrote, "in the markketplace of ideas, truth must be free to combat falsehood." There are a lot of falsehoods out there on this subject. Please join the battle.
Congressman Billybob
You are correct. al Qaeda terrorists are not POWs - because they belong to no nation state, do not adhere to any international convention of war, are not known to have a formal leadership heirarchy, and do not wear identifiable uniforms.
Thus they are not by any stretch of the imagination subject to Article 4 of the Geneva Convention relative to the Treatment of Prisoners of War, 12 August 1949.
The Red Cross and Amenesty International are liars and would be easily defeated in any appropriate legal forum on this point.
It is interesting that AI and ICRC are the only organizations making these halfwitted assertions on behalf of al Qaeda.
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