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| Omar Khadr: The interrogation Posted: 7/20/2008 10:29:06 PM | Please lets remember the "cause" that little innocent Omar was fighting for. The Taliban. Lets examine their track record;
a. forbid all music b. forbid balloons and videos c. forbid women to work or go to school d. threw homosexuals off rooftops e. hung and beheaded dissenters f. destroyed 2 thousand year old Buddhist statues g. masterminded dozens of suicide bombings throughout the world
So what little, cute, kid next door Omar was fighting for, was pure evil. If he was defending the Gaza strip from Israeli tanks about to squish his home...well maybe, although violence never solves anything..
But he was fighting to continue the oppression of women, minorities, gays, you name it. The Taliban is bad mojo.
So thats why I say...too bad little Omar...too bad! | |
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| Omar Khadr: The interrogation Posted: 7/20/2008 11:27:23 PM |
And remember,.... Most, if not all, torture apologists /usurp constitutionalists don't want to address the fact that in this case it has yet to be determined if he did anything.
So far, there are two facts: 1) There was a battle. 2) He was present.
Y'all just ASSume he's guilty.
No formal charges for 6 years? SIX years? It either speaks to a lack of competence or a lack of rules when the goal posts keep changing....or....prosecute at any and all costs, regardless of truth.
I suspect their greatest fear is the setting of a precedent....because they know their house of cards will crumble.
They've put themselves in a box and they can't cut their way out.
In February 2008, the Pentagon accidentally released documents that revealed that although Khadr was present during the firefight, there was no other evidence that he had thrown the grenade. In fact, military officials had originally reported that another of the surviving militants had thrown the grenade just before being killed.[12] I thought it was worth repeating..just-in-case  | |
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Hoop
| Joined: 5/1/2006 Msg: 178 | |
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| Omar Khadr: The interrogation Posted: 7/20/2008 11:47:08 PM |
Please lets remember the "cause" that little innocent Omar was fighting for. The Taliban. Lets examine their track record;
a. forbid all music b. forbid balloons and videos c. forbid women to work or go to school d. threw homosexuals off rooftops e. hung and beheaded dissenters f. destroyed 2 thousand year old Buddhist statues g. masterminded dozens of suicide bombings throughout the world
True facts indeed (except for "g")....all supported by U.S. administrations. Well, maybe not supported, but certainly willing to engage in talks to foment an oil pipeline deal.
Regardless of what they did to their people.
P.S. The Taliban had no formal army. | |
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Nona37
| Joined: 3/31/2008 Msg: 180 | |
| Omar Khadr: The interrogation Posted: 7/21/2008 4:09:35 AM | I need no education in that arena, I know all too well what an enemy is capable of. I take no pride is some of the things I've done to defend myself and my unit. It's a horror only another combat vet can ever truely understand... I don't want to speak of it any longer.
Once again, if you do not believe that terrorists utilize or have utilized women or children as human shields,,,the only explanation is if you are indeed a combat veteran is that you have never dealt with them. You are wrong.
I wasn't implying that be the case 100% of the time.
Duly noted.
Yes, they do but most soldiers are ingrained to conduct themselves like robots. Few if any of this latest generation seem to understand they have a right and in fact a higher obligation than their superior to protest an illegal order if so given. This generation thinks war is some video game that can be reset when things go wrong. Then when they are lying in the hosptial miamed for life crying why O' why? It saddens me greatly for war is hell and while you can never bring everyone home. One can be wiser in their actions because this is real life, it ain't no video game the mistakes you make can cost you and others their lives...
I disagree with you. In my dealings with the government as a civilian currently I have noticed that this particular generation of war veterans are indeed speaking up. They are even defying the laws of our Uniformed Code of Military Justice. I'm finding alot of them brave in their reporting of wrong doings within the military. A great example among many is when the little Iraqi girl was raped and murdered and then her body was burned by soldiers to cover up the evidence. Her family was murdered as well. If it were not for soldiers coming forward those evil people would never have been prosecuted, most of them are in jail and rotting as we speak.
No, that's not the case at all, some of the most famous and often praised soldiers of the past quiet frequently disobeyed orders. To quote one in particular (which I'm not a big fan of) Douglas MacArthur once said "It's often the orders you don't obey that make you famous" He was referring to an order where Pershing had ordered his unit to advance on the enemy during WWI. However, MacArthur knew something Pershing didn't and that was any attack on that position was suicide. So, he disobeyed Pershings order which later made Pershing extremely upset with him but the truth lay in the failed attack and he had no choice but acknowledge that MacArthur's failure saved the lines from the counter attack that followed...
As I stated before.....a "bad" order. The officer which you speak of was saving his men's lives. The general who ordered they charge was giving a very misinformed order ...as I said...a "bad" order which the lower officer had every right to disregard...he was saving lives. This still confirms what I stated earlier.
I believe my definition is more fitting and the Geneva convention concurs with what I've said.
Then you do not understand what you are reading with the Geneva Convention. The fact alone that he trained with Al Queda and was openly in theatre performing random acts of violence constitutes Khadr as a terrorist. He was not wearing a uniform, he was conducting random acts of violence and he was not a citizen of that country. Hence why he is sitting at Gitmo with other suspected terrorists.
The Al-Queda wasn't there in the opening days our presence has brought them into the theather of battle.
But they are there now.
Yea, that's what they want you to believe but guess what doll, it just ain't so... Remeber that oath where you raised your right hand and swore to protect the Constitution? They wasn't asking you to protect USMJ... This is were a thinking person knows the ruse that is about to come after.
I do believe it's evident I am a thinking person, why else would I be responding to most of this crap on here? Anyways....I find it hard to believe that someone who served within the military for any length of time would make the statement which you have referencing constitutional rights within the military. I along with many others who do and have served disagree with you on this fact...why is that?
nomadic:
Not at all. I’m just not blinded with hatred.
I am full of hatred for terrorists but I'm not blinded at all. In fact, when I came back from the war I will admit...I HATED all Muslims. I thought the only good ones were dead ones. That thinking which I had back then even scares me to this day. I just purely dispised them. I will proudly state that I have overcame my racist thinking while knowing that war changes people. I was changed and will never be that person I was before deploying over to the Middle East. Now..my hatred is aimed at terrorists..and you should hate them..they hate you/me and everyone who does not follow their beliefs. While you are sympathizing with them they would more than likely cut your head off and place it on a pole..they are animals. Do I hate them? I am being honest and stating "yes". Do I feel they should be subjected to torture to achieve information that might save lives? Yes. Do I feel our military personnel should torture them merely because they are bored or because they hate them? No.
I’ve not advocated for anything but following norms and standards of international and domestic law. But you seem like an idealogue incapable of seeing the world in anything other than black and white. You question nothing? Maybe that’s a hangover from your days in the military…when you had “forfeited” your constitutional rights (or thought you had). Well I haven’t, and never would.
This kid is not being abused. He is being treated humanely considering he is standing accused of killing one of our military members. What else do you want? Invite him out for dinner and fan him with a fig leaf while he eats? Give me a break. You can make your curt remarks about my service to my country...considering I have performed something you never have, I will sum that remark up as is.
By the way..I am a realist and yes, my opinion is that you do indeed sympathize with terrorists. Not everyone views the world through rose colored glasses, we were not afforded that luxury. Granted I chose to serve my country and I did so proudly but I have viewed reality up close and personal so just because I don't want to do a prayer circle with these animals this does not mean that I am a horrible person, it means that I understand them and it's obvious you do not.
P.S. The Taliban had no formal army.
The Taliban previous to hositilities was indeed an army. With Armour alone they had an estimation of 100 tanks and 250 APCs (Armoured Personnel Carriers). Their Artillery consisted of 200 operational pieces.
Armour
Main Battle Tanks/Light Tanks: T-34/85; T-54; T-55; T-62; PT-76.
Reconnaissance Vehicles/Armoured Fighting Vehicles: BDRM-2. APC: BTR-40; BTR-50; BTR-60; BTR-70; BTR-80; BTR-152; BMP-1; BMP-2.
Taliban estimate - operational: 100 main battle tanks; 250 armoured fighting vehicles.
Artillery
Towed: 120mm 2S9 SPM/H; 76 mm M1938 mountain gun; 76mm M1966 mountain gun; 76mm M1942 FG; 85mm D-48 ATG; 100mm M1944 FG; 122mm D-30 howitzer; 122mm M1938 howitzer; 152mm D-1 howitzer; 152mm D-20 gun-howitzer.
Multiple rocket launchers: 122mm BM-21; 132mm BM-13-16; 140mm BM-14-17; 220mm BM-22.
Taliban estimate - operational: 200 guns of all calibres.
Infantry
Pistols: 7.62mm Tokarev.
Sub-machine guns: 7.62mm PPSh41; 7.65mm CZ; vz-61.
Rifles: 7.62mm Simonov SKS; 7.62mm AK-47, AKM.
Machine guns: 7.62mm RPD, RPK; 12.7mm DShK.
Close support weapons: 30mm AGS-17.
Mortars: 82mm M37; 107mm M38; 120mm M1943; 160mm M1943.
Anti-tank weapons: 73mm SPG-9; 82mm RCLB-10; ‘Snapper’ anti-tank guided weapon.
Air Defence
Surface-to-Air Missiles: SA-7 ‘Grail’ man-portable SAM.
Anti-Aircraft Artillery: 12.7mm LAAG including M53 (4 ? 12.7mm in rear of BTR-152 armoured personnel carrier); 14.5mm ZPU-1, ZPU-2 and ZPU-4.
Light Anti-Aircraft Guns: 20 ? 23mm ZSU-23-4 self-propelled anti-aircraft gun; 23mm (twin) ZU-23 light anti-aircraft gun, also truck-mounted for convoy escort; 57mm S-60 AAG; 85mm KS-12 AAG, with `Fire Can' radar; 100mm KS-19 AAG.
Taliban estimate - operational: 20 SAM launchers; 300 air defence guns of all calibres.
They were most definitely an army prior to hostilities.
http://www.janes.com/defence/news/misc/jwa011008_2_n.shtml | |
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| Omar Khadr: The interrogation Posted: 7/21/2008 5:10:27 AM |
Then you do not understand what you are reading with the Geneva Convention. The fact alone that he trained with Al Queda and was openly in theatre performing random acts of violence constitutes Khadr as a terrorist. He was not wearing a uniform, he was conducting random acts of violence and he was not a citizen of that country. Hence why he is sitting at Gitmo with other suspected terrorists. Yes he does. You, quite apparently, have no clue what the conventions actually say or mean.
He was not wearing a uniform, he was conducting random acts of violence Doesn't need to have one. The conventions are very clear on this. Again, A UNIFORM IS NOT A NECESSARY CONDITION UNDER THE CONVENTION.
he was not a citizen of that country. He does not have to be a citizen. The convention does not require it. Again, HE DOESN"T HAVE TO BE A CITIZEN.
was openly in theatre performing random acts of violence constitutes There was no randomness in his acts when he was captured and NONE OF HIS ACTIONS CONSTITUTE A VIOLATION OF THE RULES OF WARFARE. If you say he was then kindly point out the civilian casualties he caused, when and where.
Even if that were true, the conventions do not allow the captor to alter the persons status based on what they think they may have done previous to their capture.
He was captured after an engagement with military force engaged in a 'house clearing' operation. They knew the occupants were armed and they knew the occupants would resist. Their own statements and actions prove this. | |
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Nona37
| Joined: 3/31/2008 Msg: 182 | |
| Omar Khadr: The interrogation Posted: 7/21/2008 5:39:09 AM | Yes he does. You, quite apparently, have no clue what the conventions actually say or mean.
Quite apparently you do not either and I'm not surprised.
There is no questioning whether Khadr killed Sgt Speer and yes.. Sgt Speer is the one who is no longer with us and most of you have forgotten. I have not. Khadr was in Afghanistan with the Taliban fighting against a foreign invader. This would constitute Khadr as a enemy combatant but on the other hand, due to not wearing a uniform he can also be considered an unlawful combatant when he was fighting the US Army.
It is my opinion that Khadr will have a fair trial due to the open advocacy which his lawyer has been performing, he is NOT being abused or treated inhumanely, but the soldier he killed is no longer with us and it makes me absolutely sick in knowing most on this thread do not care about the Sgt who was representing our country. Shameful.
The Geneva Convention considers any non uniformed enemy to be unlawful combatants. This is why they are not afforded protection in under the Geneva Convention.
Even though suspected terrorists such as Khadr are not protected in under the Geneva Convention, President Bush has deemed that our nation is to treat these suspected terrorists in accordance with the humanitarian laws of the Geneva Convention.
Although the Supreme Court has long held that the Constitution’s Fifth and Sixth Amendment protections apply to non-U.S. citizens, such protections do not extend to individuals subject to trial in military tribunals for war crimes. The use of military tribunals has deeply seated historical and legal precedent as long as the non-citizen combatants are charged with violations of the law of war. Last I read...Khadr is standing accussed of murdering a US Soldier. The question in court will be if he killing the US Soldier was indeed a legal act of war or if it was murder which breaks the legal acts of war.
Once again, the victim of this killer was Sgt. Speer who was a human being and one of ours. I just wanted to state that once again since most of you forgot or choose to not care. God Bless Our Troops.
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| Omar Khadr: The interrogation Posted: 7/21/2008 7:48:27 AM |
This kid is not being abused. He is being treated humanely considering he is standing accused of killing one of our military members. What else do you want? Invite him out for dinner and fan him with a fig leaf while he eats? Give me a break.
You are quoting me but not addressing what I said. And the nonsense about dinner and fig leaves is just nonsense, of the sort of that people resort to when they have no real argument.
You can make your curt remarks about my service to my country...considering I have performed something you never have, I will sum that remark up as is.
Believe me, I'm not being curt. Hatred and irrationality alarm me.
By the way..I am a realist and yes, my opinion is that you do indeed sympathize with terrorists.
It's your unreasoned "opinion" ...simply because I disagree with you. But you saying it over and over won't make it so.
Not everyone views the world through rose colored glasses, we were not afforded that luxury.
Oh waaaaa. What, were you raised a poor slave child on the banks of the Mississippi?
Anyway, the only two choices of lens for viewing the world aren't rose and the deepest black....except for extremists. Bin Laden is an extremist, but he's not the only one in the world. And the other side of the coin to him isn't any better....just different.
Granted I chose to serve my country and I did so proudly but I have viewed reality up close and personal so just because I don't want to do a prayer circle with these animals this does not mean that I am a horrible person, it means that I understand them and it's obvious you do not.
Again, nothing you say here has any meaning. Prayer circles? Who said anything about prayer circles? You are creating straw men, just to knock them down again....so as to avoid saying anything of any substance.....because? | |
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Nona37
| Joined: 3/31/2008 Msg: 184 | |
| Omar Khadr: The interrogation Posted: 7/21/2008 8:17:17 AM | You are quoting me but not addressing what I said. And the nonsense about dinner and fig leaves is just nonsense, of the sort of that people resort to when they have no real argument.
Actually what I threw in there is in all actuality showing what I believe you would more than likely perform with them as compared to they being punished.
Believe me, I'm not being curt. Your hatred and irrationality alarm me.
Duly noted but on the other hand, your inability view reality is what alarms me. Touche.
It's your unreasoned "opinion" ...simply because I disagree with you (narcissism?). I don't sympathize with terrorists--and you saying it over and over won't make it so. You are not a realist when it comes to evaluating others....clearly. You don't even use evidence to support your conclusions....you just ASSERT: "Dammit I said so...so it must BE!!"
I not unlike yourself can freely express my opinion. Free speech is also allowed to we realists within our nation not only the kumbaya singing crowd.
Oh waaaaa. What, were you raised a poor slave child on an ante-bellum plantation?
Considering I am white I find your statement very amusing. :)
Anyway, the only two choices of lens for viewing the world aren't rose and the deepest black. That's the problem--you are an extremist,
And you are in denial obviously.
Again, nothing you say here has any meaning.
That is your opinion however, the only meanings I am getting from your statements is that we should save the terrorists from the horrible US. That's not really much of a meaning either now is it? As I stated earlier....the victims in your eyes are the criminals.
Again, nothing you say here has any meaning. Prayer circles? Who said anything about prayer circles? You are creating straw men, just to knock them down again....so as to avoid saying anything of any substance.....because?
It's obvious I am not avoiding anything, if so, I would have merely accepted your analogies as the crap they are and move on, I have chosen to engage you, therefore avoidance is not being demonstrated by myself.
YOu are continuing to philosphize this. Philosophy does not belong in a discussion about Terrorists unless of course you are in denial and have no clue what you are talking about.
*- Yah, whatever...BOTH OF YOU - stop addressing each other. Address the topic. Tone down the rhetoric or be prepared to get ejected. And for the record, "philosophy" does belongs in ANY discussion. The sooner you all learn the art of dialectic, the sooner we (moderators) will happily be out of a job. -TheMadFiddler-* | |
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Hoop
| Joined: 5/1/2006 Msg: 185 | |
| Omar Khadr: The interrogation Posted: 7/21/2008 9:22:50 AM |
What emotions does this stir in you?
How about good old amazement. This thread is an excellent example of brains saturated with the propaganda. People are overwhelmed with it.
Well planned deceptive propaganda.
Refresher?
Wag the Dog
Appealing to our ADULT sides, I think that we can all agree that the mileage atained out of the creation of boogie man bin laden (and his merry band of followers) is more than any one of the writers could have ever dreamed they'd get.
But then again... | |
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| Omar Khadr: The interrogation Posted: 7/21/2008 10:13:08 AM |
Actually what I threw in there is in all actuality showing what I believe you would more than likely perform with them as compared to they being punished.
It appears that in all actuality when you quote someone, you actually quote what you think they typed, not what they actually typed.
Evidence: a bit nomadic types.....(and I quote)
Oh waaaaa. What, were you raised a poor slave child on the banks of the Mississippi? nona37 quotes a bit nomadic, but somehow it changes...
Oh waaaaa. What, were you raised a poor slave child on an ante-bellum plantation? a bit nomadic types.....(and I quote)
Anyway, the only two choices of lens for viewing the world aren't rose and the deepest black....except for extremists. nona37 quotes a bit nomadic, but somehow it changes...
Anyway, the only two choices of lens for viewing the world aren't rose and the deepest black. That's the problem--you are an extremist, Minor, perhaps, but it does show your credibility, or lack thereof.
There is no questioning whether Khadr killed Sgt Speer, Really? I guess you haven't read the transcripts. | |
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| Omar Khadr: The interrogation Posted: 7/21/2008 10:18:56 AM | There was no randomness in his acts when he was captured and NONE OF HIS ACTIONS CONSTITUTE A VIOLATION OF THE RULES OF WARFARE. If you say he was then kindly point out the civilian casualties he caused, when and where.
Even if that were true, the conventions do not allow the captor to alter the persons status based on what they think they may have done previous to their capture.
He was captured after an engagement with military force engaged in a 'house clearing' operation. They knew the occupants were armed and they knew the occupants would resist. Their own statements and actions prove this.
You seem to be "accidently" forgetting the planting of land mines that are on video tape.That is against international law and is considered a random act of violence.It's on tape.Did you forget that or did you hope every one who had an opinion different than yours would? | |
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| Omar Khadr: The interrogation Posted: 7/21/2008 10:21:34 AM | woops. Outdoor, I have to confess that I edited my text from my original post before she quoted from it. I was concerned, at times, with being too "to the person" after I posted my initial text. That's the explanation for the change in the section on extemism. With the banks of the Mississippi thing, it was simply that I was worried about possible confusion over the term "ante bellum."
However, there are plenty of instances of quoting being followed by rebuttal having nothing to do with the actual quote....being rebutted. If you see what I mean. Like with fig leaves, dinners and prayer circles....etc. etc. etc.
You seem to be "accidently" forgetting the planting of land mines that are on video tape.That is against international law and is considered a random act of violence.It's on tape.Did you forget that or did you hope every one who had an opinion different than yours would?
This issue has been addressed at length on this thread....if you care to read the posts.
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Nona37
| Joined: 3/31/2008 Msg: 189 | |
| Omar Khadr: The interrogation Posted: 7/21/2008 10:22:34 AM | I find it interesting that if Khadr did not in fact kill Sgt Speer then why would his widow as well as Sgt Morris have won a 100 million dollar lawsuit aimed at Khadr's father? Her lawyer has even been in contact with Canadian authorities to collect the money.
I found this interesting article which speaks of an eye witness account of Khadr.
Khadr 'earned' Guantanamo stay, says soldier
Stewart Bell, National Post Published: Tuesday, July 15, 2008
"My lasting image of Omar is of him crouched in the rubble waiting for U.S. troops to get close enough so he could take one of them out, and he did that successfully and that is the underlying reason why we're all here in the first place," Sgt. Morris said.
"Omar is not a kid that was just snatched up off the street somewhere and has been wrongly charged and judged unfairly. I think he is precisely where he needs to be. He's earned that stay."
Sgt. Morris was serving with a Special Forces unit in eastern Afghanistan when his patrol came under fire on July 27, 2002. Pro-Taliban fighters shot dead two Afghan Militia Force troops and then opened fire on the Americans.
When the gun battle ended 4½ hours later, Sergeant Christopher Speer was dead and Sgt. Morris had shrapnel wounds that would cost him his eye. The Americans shot Mr. Khadr, then 15, as they entered the compound and brought him to Bagram air base. He is now being held at the controversial U.S. military camp at Guantanamo Bay, Cuba.
He has been charged with throwing the hand grenade that killed Sgt. Speer, although evidence has since surfaced suggesting that another fighter may have been responsible. Sgt. Morris says Mr. Khadr must have thrown the grenade because he was the only one left alive in the compound.
On Tuesday, Mr. Khadr's lawyers released seven hours of video footage that showed him being questioned by officials from the Department of Foreign Affairs and Canadian Security Intelligence Service. The lawyers said it was "beyond comprehension" that the Prime Minister had not yet returned Mr. Khadr to Canada.
"I haven't had a chance to look at it," Sgt. Morris, who lives in Utah, said of the video, "but I guess my thoughts are that if I'm ever in trouble, that's a bunch of defence attorneys that I'd like.
"They don't seem to be doing a whole lot of lawyering work. It's mostly PR work. And so it's kind of troublesome that the other side of the story has to be continually told in the media just to counter what the lawyers are trying to do in public."
Sgt. Morris and the widow of Sgt. Speer, Tabitha Speer, won a $100-million lawsuit against Mr. Khadr's father, Ahmed Khadr, a suspected al-Qaeda financier killed by Pakistani troops in 2003. Their lawyer, Don Winder, said on Tuesday he had been in touch with the Canadian government about collecting from the family.
http://www.nationalpost.com/most_popular/story.html?id=656852
Referencing my highlighting quotes from nomadic or anyone else...I highlight exactly what they have typed. I do not and have not changed wording. Nice try though. | |
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| Omar Khadr: The interrogation Posted: 7/21/2008 10:55:42 AM | Interestingly....nowhere in that piece does Sgt Morris SAY he saw Khadr throw the grenade.
Mind you, I don't know whether he threw it or not....nor do I think it particularly matters for the present issue. But it's obviously not a clear cut case....there's QUESTIONS, however much you might refuse to acknowledge them.
But MORRIS doesn't say it--in fact it's clearly stated that he DID NOT see him throw it. You should practice more at reading comprehension....you seem to misinterpret quite a lot of what you read.
And btw, the lawsuit is irrelevent, at least as "evidence" against Omar Khadr. And it wasn't even against him...but against his father. So how does that help us?
And btw again, the US, at least, has refused to make funds confiscated from terrorists and terrorist networks available to families suing for wrongful deaths like this.....hmmmm......but best of luck to Mrs Speer and Sgt Morris. | |
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Nona37
| Joined: 3/31/2008 Msg: 191 | |
| Omar Khadr: The interrogation Posted: 7/21/2008 11:24:02 AM | Interestingly....nowhere in that piece does Sgt Morris SAY he saw Khadr throw the grenade.
He does however state that Khadr was the only one left alive within the compound. I do not believe a "Ghost" threw the grenade.
Mind you, I don't know whether he threw it or not....nor do I think it particularly matters for the present issue. But it's obviously not a clear cut case....there's QUESTIONS, however much you might refuse to acknowledge them.
I agree it's not a clear cut case but from another angle. I believe the HUGE question as to how Khadr is to be prosecuted is in determining if he broke the acts of war. Meaning..did he MURDER Sgt Speer? Or was he only utilizing his right to protect himself during an act of war. This would also make the foundation of determining if he is labeled a unlawful combatant or a lawful combatant. I do not feel the huge question here is if he threw the grenade, it's how he is to be tried and what rules and regulations he actually falls into.
But MORRIS doesn't say it--in fact it's clearly stated that he DID NOT see him throw it. You should practice more at reading comprehension....you seem to misinterpret quite a lot of what you read.
Once again, Sgt Morris did indeed state that Khadr was the only one left within the compound which leads to the fact that he threw the grenade.
And btw, the lawsuit is irrelevent, at least as "evidence" against Omar Khadr. And it wasn't even against him...but against his father. So how does that help us?
Khadr was too young according to the law to sue him for the wrongful death of Sgt Speer, therefore the family went after the father who was a major financier to Alqueda. They won. Makes perfect sense to me especially in considering that Khadr's father led him into terrorism and is directly responsible for Khadr becoming a terrorist hence leading to Sgt Speer's death.
The Flatow Amendment allows family members to sue nations who sponsors terrorism and even collect the monies awarded to them through the court system.
An example of this is a 20 yr old american college student who was killed in a bombing in the Gaza Strip. Her name was Alista Flatow. The bus she was traveling on was blown up by an Iranian-backed Jihadist Group. Her father Stephen Flatow wanted Iran to held accountable. He then hired a lawyer by the name of Mr Perles to sue Iran. The Iranian Government mostly ignored this action stating it was illegal. The Flatow Family won a judgement in 1998 and was awarded 247 million dollars.
Perles managed to collect 27 million dollars from the State Department who had frozen Iranian assets since the Islamic revolution in 1979.
It is possible to win in these lawsuits. As stated above obviously.
Mr. Perles has even won approximately 2.6 billion dollars in another verdict against Iran for it's role in the 1983 bombing of Beirut.
A bill passed in 1996 opened the door to civil law suits against some countries deemed state sponsors of terrorism. He has stated he has collected only 1% of the damages for his clients, he also states that the existing laws make it very difficult to trace and seize assets from this country.
Is it illegal to receive money from civil lawsuits against terroristic countries? No. Some people have collected, but no one yet has collected everything owed. This does not mean that this will not change. The Flatow Amendment is a great first step and I expect that Tabitha Speers along with Sgt Morris will receive some of the money awarded to them, not all of it obviously but its possible.
The Flatow Amendment is proof that our nation does not deem it illegal to collect monies from terrorist state sponsored nations. | |
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| Omar Khadr: The interrogation Posted: 7/21/2008 11:34:06 AM |
Once again, Sgt Morris did indeed state that Khadr was the only one left within the compound which leads to the fact that he threw the grenade. Still ignoring the fact that there were at least 2 others in the compound, one of them killed during the firefight, another executed after. It is highly possible either one of them tossed the grenade.
The only reason he is still alive is because others stopped his execution.
Your "fact" leads nowhere. | |
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| Omar Khadr: The interrogation Posted: 7/21/2008 11:47:19 AM | Wither this kid threw the grenade is irrelevant as we probably will never know but if first had accounts state that he was the only one left alive on the target post the hit it kind of narrows down the choices of who may have done it. The fact that he and his family are confirmed OBL supporters and are involved with and conducting combat operations for Al Queda are enough to consider him an enemy combatant thus earning him his VIP stay at the 5 star resort "Club Gitmo" . A bit nomadic in regards to the monies that were awarded that appears to be from civil suit. The program in which I believe you are referring to in your statement
"And btw again, the US, at least, has refused to make funds confiscated from terrorists and terrorist networks available to families suing for wrongful deaths like this" are from a different resource all together. These are monies confiscated from businesses, front origination's and fake charity's that have been identified as sympathizers and financial supporters of terror organizations and are totally different from the monies awarded in this civil suit. | |
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| Omar Khadr: The interrogation Posted: 7/21/2008 11:51:30 AM |
The only reason he is still alive is because others stopped his execution. Its a shame and to bad that someone had a moral laps in judgment at the wrong time.. | |
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| Omar Khadr: The interrogation Posted: 7/21/2008 12:47:19 PM |
the reality of it in this situation is that persons who take up arms on the approach of an invading army, WITHOUT REGARD for the presence or absence of uniforms or insignia, are protected persons under the 3rd convention. The only requirements of them are that they carry their arms openly and are abiding by the rules of warfare at the time of their capture. All of these conditions, as defined by the conventions, were met in this situation. Here is a link to the text of the "12 August 1949 by the Diplomatic Conference for the Establishment of International Conventions for the Protection of Victims of War, held in Geneva from 21 April to 12 August, 1949" In which Article 3 says: "Article 3
In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each party to the conflict shall be bound to apply, as a minimum, the following provisions:
1. Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
(a) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(b) Taking of hostages;
(c) Outrages upon personal dignity, in particular, humiliating and degrading treatment;
(d) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
2. The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.
The application of the preceding provisions shall not affect the legal status of the Parties to the conflict." So where is it that you find:
civilians are permitted to take up arms, apart from joining the military, to resist an invader, even if they are not native to the country. Heres the link to the full text of the conventions: http://www.unhchr.ch/html/menu3/b/91.htm Article 4 is relevant to the issue of uniform: "Article 4
A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:
1. Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces.
2. Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions:
(a) That of being commanded by a person responsible for his subordinates;
(b) That of having a fixed distinctive sign recognizable at a distance;
(c) That of carrying arms openly;
(d) That of conducting their operations in accordance with the laws and customs of war.
3. Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.
4. Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model.
5. Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law.
6. Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.
B. The following shall likewise be treated as prisoners of war under the present Convention:
1. Persons belonging, or having belonged, to the armed forces of the occupied country, if the occupying Power considers it necessary by reason of such allegiance to intern them, even though it has originally liberated them while hostilities were going on outside the territory it occupies, in particular where such persons have made an unsuccessful attempt to rejoin the armed forces to which they belong and which are engaged in combat, or where they fail to comply with a summons made to them with a view to internment.
2. The persons belonging to one of the categories enumerated in the present Article, who have been received by neutral or non-belligerent Powers on their territory and whom these Powers are required to intern under international law, without prejudice to any more favourable treatment which these Powers may choose to give and with the exception of Articles 8, 10, 15, 30, fifth paragraph, 58-67, 92, 126 and, where diplomatic relations exist between the Parties to the conflict and the neutral or non-belligerent Power concerned, those Articles concerning the Protecting Power. Where such diplomatic relations exist, the Parties to a conflict on whom these persons depend shall be allowed to perform towards them the functions of a Protecting Power as provided in the present Convention, without prejudice to the functions which these Parties normally exercise in conformity with diplomatic and consular usage and treaties.
C. This Article shall in no way affect the status of medical personnel and chaplains as provided for in Article 33 of the present Convention." 2b seems to say that you have to wear a uniform! or other signifying mark correct? I mean your the self proclaimed expert Mungojoe, tell me!
And, civilians are permitted to take up arms, apart from joining the military, to resist an invader, even if they are not native to the country. As I read the Conventions....civilians are not permitted to participate in the armed conflict unless they: "a) That of being commanded by a person responsible for his subordinates;
(b) That of having a fixed distinctive sign recognizable at a distance;
(c) That of carrying arms openly;
(d) That of conducting their operations in accordance with the laws and customs of war" I await your response, backed by appropriate reference instead of your memories, as I have provided the link to the Articles of the convention for your resource. | |
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| Omar Khadr: The interrogation Posted: 7/21/2008 12:53:58 PM | Oh I almost forgot to mention what I think you may surely grasp upon. Section 6 of Article 4: "6. Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war. " Do not seem to apply as this kid did not "spontaneously take up arms to resist the invading forces, without time to form themselves into regular armed unit..." He seems to have been in the country for some time and actively participating in "war like" activities. So he is disguising his affiliation as an arned resistor, in the least.' In my opinion your arguements with respect to the conventions are now ineffective. | |
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NERO1
| Joined: 3/8/2008 Msg: 197 | |
| Omar Khadr: The interrogation Posted: 7/21/2008 1:21:50 PM | It's been a long and interesting thread, packed with a lot of good info. I don't know......IMO, if a man leaves his home country, and goes to a foreign country where he then eventually takes up arms against his original country's troops ~ after they invade ~ I can understand that in the event he's captured he's going to be treated as something other than just a common criminal. Granted. They'll look at him as a special case, perhaps even a "treason" case if it's actual declared war.
But at the same time, again *IMO*, fighting against an invading military force (even if they are from one's own country of birth or citizenship) is not "terrorism". Terrorism , and being involved in terrorism, to me indicates actively plotting or participating in attacks against soft / civilian targets. Laying a mine for a soldier isn't that, nor is tossing a hand grenade and killing a soldier. It's an act of combat during battle, and it arguably (obviously) indicates the expat fighter clearly is "renouncing his citizenship", etc, , to say the least, but it's not a terrorist act.
So if he's captured during battle, by his own native country's troops, and they don't kill him in the field , then why can't he just be questioned (without torturous methods) upon return to his "home" country, and then charged with something?? Surely it shouldn't take 6 yrs sitting without even any charges being filed. If charges can legitimately be brought, then they should be able to bring them within a reasonably brief period.
I understand that this (very rare) type of case would have to be treated differently from just any other criminal case (because really it's NOT a criminal case it's a military case), but at the same time why the indefinite detention without access to any sort of legal aid, and so on?? Where is the line drawn?? That's been my main argument with most of these detainees down there. Charge them, and try and imprison them, if you can, or figure out ASAP what's the best way of safely releasing them back to wherever they were originally captured. Why exactly are they all being held down there indefinitely?? They must know enough about them all by now to know which of them they'll be able to effectively bring charges against and which they won't. | |
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| Omar Khadr: The interrogation Posted: 7/21/2008 1:51:24 PM | I will atempt to offer you an explanation Nero First, all the detainees at Gitmo have has access to counsel....maybe not counsel of their own choosing or even counsel they desire to trust and actively support with information to effextively help in their own defense, but none the less they have had access to counsel. Second, fighting in any armed conflict is regulated by terms as set down in the geneva Conventions. And although this document hasnt been able to cover any and all cases the have or may arise in the future, many of its provisions are being relied upon for the legal detention of peoples captured during armed conflict. Repatriatizing of captured peoples usually occurs after said armed conflict ends. In the case of POW's said prisoners would not be repatriotized until the conclusion of the war.......and although Omar isnt considered a POW, it is logical not to send him back to his country of origin until armed conflict ended. We disagree on exactly what is "torture" and my your definitions of torture are also at odds with the government of the US. Who is the detaining entity. I really dont think torture has occured upon Omar, because isolation, deprivation of sleep, and food arent torture in my estimations. And you and I may disagree on whether or not they are torture but that really doesnt matter as it will now seem to be A US Federal Judge who will take Habeous Corpus into deliberation. Also you assert a timetable for charges.......as far as I could determine from reading the Conventions as posted in my earlier post, I could not find any definitions as to timetables for when, if ever, person should and must be charged. In some cases charges are never filed and prisoners are repatriated upon conclusion of armed conflict. So I ask you to consider that perhaps they will never be charged and at the end of armed conflict repatriated to thier country of origin at some point in the future. While the US is not classifying the detainees as POW's they are treating them in many respects under the rules of the Geneva Conventions. | |
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| Omar Khadr: The interrogation Posted: 7/21/2008 2:54:38 PM | Quite apparently you do not either and I'm not surprised. Don't go mistaking me for some whole other body there, sweetcakes.
I've served in the armies of more than one country, served in combat zones and served as a UN Observer.
Believe me, I know more about the conventions than you ever will.
Khadr was in Afghanistan with the Taliban fighting against a foreign invader. This would constitute Khadr as a enemy combatant but on the other hand, due to not wearing a uniform he can also be considered an unlawful combatant when he was fighting the US Army. Here is the actual text of the relevant article
A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:
(1) Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces.
(2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even of this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions:
(a) that of being commanded by a person responsible for his subor-dinates ; (b) that of having a fixed distinctive sign recognizable at a distance; (c) that of carrying arms openly; (d) that of conducting their operations in accordance with the laws and customs of war.
(3) Members of regular armed forces who profess allegiance to a govern-ment or an authority not recognized by the Detaining Power.
(4) Person who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model.
(5) Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law.
(6) Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.
B. The following shall likewise be treated as prisoners of war under the present Convention:
(1) Persons belonging, or having belonged, to the armed forces of the occupied country, if the occupying Power considers it necessary by reason of such allegiance to intern them, even though it has originally liberated them while hostilities were going on outside the territory it occupies, in particular where such persons have made an unsuccessful attempt to rejoin the armed forces to which they belong and which are engaged in combat, or where they jail to comply with a summons made to them with a view to internment.
(2) The persons belonging to one of the categories enumerated in the present Article, who have been received by neutral or non-belligerent Powers on their territory and whom these Powers are required to intern under international law, without prejudice to any more favourable treatment which these Powers may choose to give and with the exception of Articles 8, 10, 15, 30, fifth paragraph, 58-67, 92, 126 and, where diplomatic relations exist between the Parties to the conflict and the neutral or non-belligerent Power concerned, those Articles concerning the Protecting Power. Where such diplomatic relations exist, the Parties to a conflict on whom these persons depend shall be allowed to perform towards them the functions of a Protecting Power as provided in the present Convention, without prejudice to the junctions which these Parties normally exercise in conformity with diplomatic and consular usage and treaties.
C. This Article shall in no way affect the status of medical personnel and chaplains as provided for in Article 33 of the present Convention. Only ONE category requires a uniform and only two require a distinctive insignia. The remaining only requires that they carry arms openly and obey the rules of warfare.
Now here is what each of those categories mean and encompass ACCORDING TO THE DELIBERATIONS AND INTENT OF THE SIGNATORIES (which includes the US).
In accordance with these principles and with the provisions of Articles 1 of the 1907 Hague Regulations, those who take up arms are classified in three categories:
I. ' Belligerents are persons belonging to organized military forces, whether the army or militias and volunteer corps, provided that such militias or volunteer corps fulfil the following conditions: ' (a) that of being commanded by a person responsible for his subordinates; (b) that of having a fixed distinctive sign recognizable at a distance; (c) that of carrying arms openly; (d) that of conducting their operations in accordance with the laws and customs of war.
The qualification of belligerent is subject to these four conditions being fulfilled.
II. ' The status of belligerent also applies, in accordance with Article 2 of the Regulations, to inhabitants of a non-occupied territory who, on the approach of the enemy, spontaneously take up arms to resist the invading forces. ' The enemy is obliged to recognize the belligerent status of the inhabitants when they carry arms openly and respect the laws and customs of war, even though they may not have had time to form themselves into regular armed units as required by Article 1
III. ' The third category includes all those who, whether fighting in organized units or individually, are unable to avail themselves of the provisions of Articles 1 of the Regulations, and who, in accordance with the Preamble to the Convention, are under the protection and empire of the principles of international law. ' In particular, this category includes armed units who do not meet the requirements of Article 1 of the Regulations, the inhabitants of a Part of the territory already taken over by the enemy who take up arms to fight against the enemy, as well as persons who, from time to time, participate on their own initiative in war operations and then return to their peaceful pursuits, and lastly, persons who take isolated action in the unoccupied part of the territory in order to be of service to their country. Now, if you disagree with that then, YOU NEED TO TAKE IT UP WITH THE PEOPLE WHO DRAFTED, SIGNED, AND ADMINISTER THE TREATY BECAUSE THEY ARE THE ONES WHO DECIDED THIS. Until such time as you do that and they change the treaty to suit your tastes, you are wrong, The conventions do not require a uniform as a necessary condition. Hopefully you can manage to understand what I have posted well enough to realize this.
You seem to be "accidently" forgetting the planting of land mines that are on video tape.That is against international law and is considered a random act of violence. I didn't forget it. What you seem to not be able to understand is THE USE OF LANDMINES IS NOT AGAINST INTERNATIONAL LAW because, and I will say this again, THE LAND MINE BAN ONLY APPLIES TO SIGNATORIES TO THE TREATY. THE US REFUSES TO SIGN AND AFGHANISTAN DID NOT SIGN UNTIL AFTER THE KHADR INCIDENT. IT IS NOT RETROACTIVE
So where is it that you find: civilians are permitted to take up arms, apart from joining the military, to resist an invader, even if they are not native to the country. The use of the word 'persons' and 'inhabitant'. These terms are encompassing and are used rather than civilian to avoid confusion between determined status as civilian (having not taken up arms) and belligerent (having taken up arms). A person crosses from protected civilian status to protected belligerent status upon taking up arms in accordance with these provisions.
My use of 'civilians' in that statement was intended to denote a civilian person who takes up arms in accordance with these provisions and thereby acquires protected belligerant status (while losing protected civilian status).
You may notice in the explanatory statement that protected belligerant also includes those who take up arms one time only (lastly, persons who take isolated action in the unoccupied part of the territory) and those whose switch between combatant and non-combatant (as well as persons who, from time to time, participate on their own initiative in war operations and then return to their peaceful pursuits)
The conventions also protect those who act partly or wholly of their own accord without being an official member of any organized or official body (participate on their own initiative in war operations and lastly, persons who take isolated action). | |
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| Omar Khadr: The interrogation Posted: 7/21/2008 3:41:22 PM |
Believe me, I know more about the conventions than you ever will. Are you sure? Your first quote refers to POW's, he isnt a POW because "war" has not been declared. He is a detainee that was captured during an armed conflict. He does not qualify under at least 2 of the provisions: "(a) that of being commanded by a person responsible for his subordinates; (b) that of having a fixed distinctive sign recognizable at a distance;" The wording is precise "I. ' Belligerents are persons belonging to organized military forces, whether the army or militias and volunteer corps, provided that such militias or volunteer corps fulfil the following conditions: ' " ConditionS see that "s" makes it plural meaning all conditions must be met not just one or 2.
(2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even of this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions: Again theres that S meaning all not simply one or 2 as you suggest.
The enemy is obliged to recognize the belligerent status of the inhabitants when they carry arms openly and respect the laws and customs of war, even though they may not have had time to form themselves into regular armed units as required by Article 1 Ok youve answered this yourself, in that they respect the laws and customs of war.... He did not. He did not have a commanding officer, no insignia or ercognizable means of ID, and he did have time to form into a regular armed unit. What is funny about your arguement is that if what you want to proffess is true the IRCR would be screaming like heck about how Khadr and others detained at Gitmo are not given the status of POW. Now maybe I have missed it but I do not recall this being the case. Please enlightnen me if I have missed this information and am ignorant to it. So without fully meeting all the conditions he is what the US government is calling an illegal combatant. Now I agree this is a new term and there is debate over its validaty, but I would not agree that this kid has attained status as a POW or a protected belligerant, as he did not fufill all the requirements of such. | |
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