Ahmed Abu Khattala’s Trial Constitutes a Miscarriage of Justice
The Justice Department ruling to not seek the death penalty against Benghazi suspect Ahmed Abu Khattala perpetuates a fraud enfeebling the Global War on Terror. Prior legal practice and the Geneva Conventions all regard terrorists as beyond the pale and outside civil laws.
According to Article 13 of the First and Second Geneva Conventions and Article 3 of the Fourth, terrorists are not the armed forces, militias, volunteer corps, insurgents, or freedom fighters of any country or authority. They are not organized movements carrying arms openly and having distinctive identifiers. These abominations murder people defined as Protected Persons by all Conventions, thereby leaving no basis for consideration even as prisoners of war.
However, even prisoners of war are excluded from our civil courts by Constitution; a position re-enforced by Article 84 of the Third Geneva Convention, which requires a country must expressly permit trial by civil courts. For that to occur, Congress would first have had to pass laws abolishing the Uniform Code of Military Justice. As precedent U.S. civil law was never applied to over 400,000 legitimate Axis prisoners transferred here during WW II.
This miscarriage of justice occurs because the Supreme Court transgressed upon the exclusive power of the President as Commander in Chief to conduct military operations, including disposition of captives. The justices created a fantasy world where civil and military courts coexist with the same jurisdictions, and reserved for themselves the exclusive right to choose the legal venue.
US will not seek death penalty against Benghazi suspect Ahmed Abu Khattala
http://www.theguardian.com/us-news/2016/may/10/benghazi-suspect-death-penalty-ahmed-abu-khattala
First Geneva Convention (1949)
http://en.wikisource.org/wiki/First_Geneva_Convention_(1949)
Geneva Convention/Second Geneva Convention
http://en.wikisource.org/wiki/Second_Geneva_Convention
Geneva Convention/Third Geneva Convention
http://en.wikisource.org/wiki/Third_Geneva_Convention
Geneva Convention/Fourth Geneva Convention
http://en.wikisource.org/wiki/Fourth_Geneva_Convention
Abjuring to seek the death penalty is in line with the President’s religious beliefs. The perpetrator was merely doing what he is required to do by the entire literature of his and the President’s religion and should not be punished at all. However the exigencies of the President’s position and politics requires that the perpetrator be sentenced even as that sentence is minimized. Expediency for the promotion of Islamic dominance is a Koranic excuse for not appearing to adhere totally with the dictates of the Koran.