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Thread: Political Forum Challenge: Handling of "War on Terror" Prisoners

  1. #1

    Political Forum Challenge: Handling of "War on Terror" Prisoners

    With talk this morning everywhere re: the Bush Administration meeting to decide the fate of the Gitmo Facility, I think we're due a good "State your view" thread on how we all feel detainees (whatever term you wish to use for them) should be handled, from start to finish.

    So with that, here is the challenge I set forth:

    --Please tell us how you would handle the specific Detainee types listed below, from the moment they are captured to whatever "final decision" is made on them.

    The Detainess types are:

    -A Combatant captured in Armed conflict against US/Coalition/Govt. Forces in Either Iraq or Afganistan.

    -A Non-US Citizen detained within the US as an Operative of AQ Or another Terrorist Organization.

    -A US Citizen detained for the same reason as #2 above.

    What you need to answer (if you choose to partake in this challenge) is a SPECIFIC listing of how you would handle these detainees, step by step, from the moment their enter US Custody (are captured) through to whatever outcome options you see possible via whatever choices you would make regarding their treatement, rights, court options, detainment, ect.

    Basically, I want to see how you (if you made the decisions on this for the US) would choose to handle these people, fron start to finish, in some level of detail.

    The reality is that the War/Conflict is what it is, and people will be captured and detained. This challenge posits that this cannot and will not be changed, so with that as the "reality", what do we do then?

    And a humble request: If you cannot answer seriously, stay on topic, and answer with some level of seriousness/detail, then I would request you just don't answer. This is not designed to be a thread to beat each other over the head (as we always seem to do), it is a challenge to each forum regular to post THEIR specific view on how this very controversial issue should best be handled, and explain in detail the best way to go about it, start to finish.

    Once we have posted some of our ideas, then we can debate them, but at least in the beginning, please keep your posts to your own ideas, and not criticising others. I know this likely falls on deaf ears, but one has to try.

  2. #2
    flushingjet
    Guest
    1) Combatants fighting our soldiers in the field of battle with a
    weapon or otherwise (martial arts) -
    Take no prisoners, a shot to the head---
    whether they are US citizens or not-fighting us forfeits
    that citizenship

    No Miranda rights or anything like it to anyone attacking our men
    in any manner

    Those who surrender-imprisoned and interrogated in nation
    battle takes place, with any & all methods

    2) Their Non US Citizen superiors back in the tent/cave-
    Solitary in Highest Security US Prison with NO kind of trial available them other than Military Tribunal and Minimum Sentencing if Convicted ...
    Life Without Parole
    Only way to a reduced sentence is to cough up a target of extremely high value
    Permanent Seizure of All Assets to US Treasury
    Any Means Necessary to Extract Information

    3) Operatives/financiers who are not US Citizens
    Same as #2

    4) The remainder of the backroom boys who are US Citizens
    Same as #2

  3. #3
    Be very careful what you wish for. While I want all US citizens to be safe, I do not to sink to the level of a 3rd world country. We are better then that!

  4. #4
    Make them go to Giant stadium to watch Jets games.

  5. #5
    All Pro
    Join Date
    Aug 2006
    Location
    Colorado
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    6,925
    1. Shoot to kill or capure and detain depending on whether the suspect surrenders.
    2. Gather any and all evidence. Take statements from arresting officers.
    3. Hold hearing in front of a three military judge panel. Present evidence and statements. Set future trial date or set free depending on panel's decision.
    4. Hold suspect at military facility. Interrogate without use of torture.
    5. Hold trial with military judge and jury consisting of citizens and current military servicemen. Find the suspect guilty or not guilty.
    6. Follow through with sentence.
    Last edited by parafly; 06-22-2007 at 05:11 PM.

  6. #6
    As a person who is detained/surrendered during a battle, they should be give the rights through the Geneva Convention.

    U.S. citizens deserve due process no matter what the crime.

    The biggest problem with the WOT is that it is a new area regarding warfare. We must create rules when it comes to non-uniformed personnel fighting vs. the U.S. or other ally countries.

    Soldiers are required to fight and now we are asking them to become officials or Police during the fight? It is a very difficult thing to ask of any soldier. The missions must be mandated, therefore allowing soldiers to know what their true mission will be and to be able to act accordingly.

  7. #7
    All League
    Join Date
    Apr 2003
    Location
    Missouri
    Posts
    4,115
    [QUOTE=Warfish]So with that, here is the challenge I set forth:

    --Please tell us how you would handle the specific Detainee types listed below, from the moment they are captured to whatever "final decision" is made on them.

    The Detainess types are:

    -A Combatant captured in Armed conflict against US/Coalition/Govt. Forces in Either Iraq or Afganistan.

    -A Non-US Citizen detained within the US as an Operative of AQ Or another Terrorist Organization.

    -A US Citizen detained for the same reason as #2 above.

    [/QUOTE]

    1. Detained, tried by Military Tribunal

    2. Detained, tried by an applicable court (Military or civilian). I would favor Military Court only because civilian courts lack the written law to try people for things like espionage...but espionage or terrorism laws can be written by congress, and then civilian courts would be fine.

    3. the 'hard' one, only because civilian courts lack the appropriate law. Times have changed, the laws need to also.

  8. #8
    My views on this have been posted at length in other threads.

    1) Troops seized on a battlefield ought to be detained in accordance with U.S. Military law and the Geneva Conventions. The differences in this scenario, however, are that (1) the War on Terror will, by definition, never conclude, so you can't just free these guys after a white flag goes up (one never will), and (2) these fighters are not members of a foreign army (or any army), but in most cases will be foreign nationals from disconnected terror cells who will be fighting the U.S. in opposition to their own nation's treaties and wishes -- and can likely be ultimately deported to/punished by their own nations for long-term imprisonment or whatever. Most of these people will be footsoldiers of little intelligence value of course. The U.S. would be well advised to detain, charge, try and imprison higher-value targets, such as Khallid Sheikh Mohammed.

    2) The non-citizen situation is tricky, as well. The key question: How do we know the guy is in Al Qaeda? The Arar case --in which a Canadian national was wrongly grabbed by us and sent to Syria to be tortured fo rmonths before being released with an apology-- is a perfect example. If we have reason to believe a person is a member of a terrorist organization, we should arrest them, charge them and try them. If we don't have any real evidence, we should get a warrant to have the surveilled exhaustively, and cooperate with their home government to do the same. This will ultimately turn up enough evidence to charge them, or it will let us know we were wrong to target the guy in the first place.

    3) U.S. citizens should be arrested, charged, tried and imprisoned. I see no reason to trear domestic terrorists different than domestic murderers. If there isn't sufficient evidence to charge them with anything, get a warrant and watch them until there is.

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