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Good Bye, Habeas Corpus
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reno


Oct 31, 2006, 11:51 AM
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Registered: Oct 30, 2001
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Re: Good Bye, Habeas Corpus [In reply to]
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thats easy. the countryes theyve commited the acts in have the jurisdiction. in iraq, it is under their jurisdiction, in afghanistan under afghan etc.

So, is shooting at a US soldier against the law in Iraq? Afghanistan?

What if it's not? THEN what?


Partner tradman


Oct 31, 2006, 1:09 PM
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Registered: Jan 14, 2003
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Re: Good Bye, Habeas Corpus [In reply to]
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So, is shooting at a US soldier against the law in Iraq? Afghanistan?

That would depend, as in most countries, on what the US soldier is doing. If he or she is shooting at you, then no, it's not illegal to shoot at him or her. If he or she is not shooting at you, then yes, it's illegal to shoot at him or her.

I'm not sure why you're confused by this; laws have existed for many years which cover these situations. They work pretty well for the most part and are, I would have thought, common knowledge. How you can have missed them I really don't know, and if you don't know much about them, as you claim, then I'm unsure why you would want them changed.


reno


Oct 31, 2006, 2:11 PM
Post #28 of 32 (677 views)
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Re: Good Bye, Habeas Corpus [In reply to]
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So, is shooting at a US soldier against the law in Iraq? Afghanistan?

That would depend, as in most countries, on what the US soldier is doing. If he or she is shooting at you, then no, it's not illegal to shoot at him or her. If he or she is not shooting at you, then yes, it's illegal to shoot at him or her.

I'm not sure why you're confused by this; laws have existed for many years which cover these situations. They work pretty well for the most part and are, I would have thought, common knowledge. How you can have missed them I really don't know, and if you don't know much about them, as you claim, then I'm unsure why you would want them changed.

The laws I assume you're referring to are the laws governing the conduct of war. Correct?


Partner tradman


Oct 31, 2006, 2:24 PM
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Registered: Jan 14, 2003
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Re: Good Bye, Habeas Corpus [In reply to]
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The laws I assume you're referring to are the laws governing the conduct of war. Correct?

Doesn't the US have laws prohibiting shooting at people without a good reason? I was sure it did. And I'm pretty sure Iraq and Afghanistan have similar laws too.

Do you really not know about these laws? Well, grab a gun and go shoot at someone. I'm sure your local law enforcement will update you.


col


Nov 1, 2006, 3:45 AM
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Registered: Jun 24, 2004
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Re: Good Bye, Habeas Corpus [In reply to]
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Col and Overlord:

So, again, my question remains:

In which court do you bring forth these charges? Who has jurisdiction over unlawful armed combatants? Geneva? Nope... Hague? Nope.... US District? Nope.... US Federal? Nope....

And THAT question, as far as I know, has not yet been answered.

So you have a problem charging these people in your own courts with crimes which supposedly are against your laws, yet you have no problem locking them up indefinitely without trial? Seems a bit unbalanced to me

In reply to:
The laws I assume you're referring to are the laws governing the conduct of war. Correct?

The distinction of when you are and are not in a war is a large part of the problem.

I think that if you want to call it a war then great, but people who are fighting as part of an organization (like a terrorist group) should be accorded to process under the Geneva Convention. Which means that they may be locked up till the "war" is over, but they have to be treated to certain standards. And if they do things in the "war" that breaks the Geneva Convention, there is a process in place to try them for war crimes.

If it isn't a war, then these people should be tried for the crimes that they commit, e.g., shoot someone, and get tried for murder. If you build a car bomb, don't deliver it, and get tried for conspiracy to commit mass murder? These are pretty serious crimes anywhere in the world.

I understand that this doesn’t fit well with the historical approach, and new processes have to evolve to deal with them, I just think there is no reason why it is taking so long.


overlord


Nov 1, 2006, 9:10 AM
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Re: Good Bye, Habeas Corpus [In reply to]
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didnt the war end, like, months ago?


col


Nov 2, 2006, 1:10 PM
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Registered: Jun 24, 2004
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didnt the war end, like, months ago?

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don't worry, there will be a new war, opening soon in a theatre near you

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