With all the articles on attorney-general nominee Michael B. Mukasey, including "Hoorah for waterboarding" (Commentary, Tuesday), I am amazed that no one has come up with the following solution to the problem of whether waterboarding, sleep deprivation, simulated executions, etc. are torture. In 1987, I attended the Army Judge Advocate General's (JAG's) School's week-long Law of War course. I also attended the Navy's equivalent course in 1997. Parts of the courses dealt with the treatment of lawful enemy combatants under the Geneva Convention. Suffice it to say, all of the methods mentioned above were considered torture, or at least in violation of the convention. Until recently, the Army JAG Corps (JAGC) was considered the authority in the United States on the convention. Only in the p...
Attorney General Eric H. Holder Jr.'s decision to bring self- professed Sept. 11 mastermind Khalid Shaikh Mohammed and four of his purported co-conspirators to trial in New York City is a disaster. Barring a repetition in civilian court of an earlier confession, it is at least as likely that the terrorist known internationally by his initials, KSM, will be set free as it is that he will be executed for the murder of nearly 3,000 innocent Americans eight years ago. As unlawful enemy combatants, Mohammed and his fellow jihadists are not entitled under the Geneva Convention to any judicial review. President Obama himself has said that there are scores of individuals being held at Guantanamo Bay - the so-called "worst of the worst" - who cannot be tried but must nonetheless be detained inde...
... law of armed conflict--and the Geneva Conventions in particular-in an attempt to explore...citizen Yaser Hamdi as an "enemy combatant" in the U.S. conflict in Afghanistan, th... legal question whether "captured enemy combatants are entitled to POW privileges under the [Third Ge...
... Station at Guantanamo Bay, Cuba, were "enemy combatants." Petitioners are aliens detained at Gu... Henry at the Virginia ratifying convention Edmund Randolph referred to the Suspension Clause ... their status determinations under the Geneva Convention are afforded no such access, see Army R...
Monday, the Supreme Court agreed to hear a challenge to the military tribunals established by the administration for enemy combatants. Article 1, Section 8 of the Constitution provides that the Congress, not the president, has the power to make rules concerning captures and punishments, even in time of war. Yet since September 11, 2001, Congress has abdicated this responsibility and let the administration and courts cobble policy together piecemeal. From Camp X-Ray at Guantanamo and Abu Ghraib, to the now- disclosed CIA-operated secret prisons in third countries, U.S. detention of enemy combatants has been an improvised policy. From the time President Bush first declared the Geneva Convention did not apply to combatants or even suspects in the war on terror, the administration has faile...
Dale Christensen (Readers' Forum, June 21) states that acts were committed at Guantanamo that break the Geneva Convention. The Geneva Convention applies to lawful military personnel. The prisoners at Gitmo are unlawful enemy combatants. They could have been summarily executed according to international norms. Our government continues to choose a more moral path. Nazis, Pol Pot and the Soviets committed acts that were seen as so atrocious in part because they were against non-combatant citizens. The magnitude of severity and number of victims of these regimes is without peer. To suggest otherwise is false and feeds those who hate us. Neil Christiansen
The Op-Ed "The laws of war" on Thursday by David B. Rivkin Jr. and Lee A. Casey was fraught with double standards and hypocrisy. Justifying the detention of suspected al Qaeda and Taliban operatives and fighters as "enemy combatants" is contrary to the U.S. government's position concerning Americans held as "prisoners of war" in Vietnam during the extended American war in the 1960s and '70s. Much was made of the Vietnamese detention of American servicemen who were taken prisoner while engaging in a harsh program of massacres, if not genocide, against that tiny country. Despite the absence of a congressional declaration of war, the United States overtly committed the most vicious acts against a people who never even so much as threatened us. Yet, American prisoners were not termed "enemy...
In your July 6 editorial "Justices at war," you criticize the U.S. Supreme Court's decision in its ruling against the Bush- Cheney administration in regard to the prisoners being held at Guantanamo Bay, and U.S. citizens at U.S. facilities. Your attempt at ridiculing the court's decision is factually incorrect, and borders on misinforming your readers. You refer to the prisoners as POWs. However, the Bush-Cheney administration refused to grant them POW status, instead calling them enemy combatants. You must realize that under the Geneva Convention, POWs have rights. In refusing these individuals their rights under the Geneva Convention, the administration ironically left itself open to challenges in the U.S. courts.
Past Practices and Present Options. A. Jurisdiction to Punish. 1. Courts-Martial. 2. Civilian Courts. 3. Military Commissions. a) Pre-Hamdan. b) Hamdan and Its Aftermath. B. Fairness Constraints on Punishment. 1. Independence and Impartiality. a) Civilian Courts. b) Courts-Martial. c) Military Commissions. (1) Pre-Hamdan. (2) Hamdan and Its Aftermath. 2. Rights of the Accused. a) Civilian Courts. b) Courts-Martial. c) Military Commissions. (1) Pre-Hamdan. (2) Hamdan and Its Aftermath. II. Reinforcement of Established Practice.
... in cases like that of erstwhile enemy combatant José Padilla reveal improper use of est...Laws were applied to combatants and civilians, to Americans and non-Americans. A p... humanitarian law, including the Geneva Conventions of 1949. 32 . . Applicable today is...
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