View Poll Results: What will happen if the Gitmo were transported to jail facilities in the U.S.?

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  • Nothing

    12 50.00%
  • We will be attacked from those detainees

    3 12.50%
  • OMG all hell will break loose because our jail security will suddenly become weaker

    0 0%
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    9 37.50%
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Thread: What Happens To Gitmo Detainees?

  1. #61
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    Re: What Happens To Gitmo Detainees?

    The big issue is that people just don't want them here. They don't need a good reason. It's political.

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    Re: What Happens To Gitmo Detainees?

    Quote Originally Posted by Goobieman View Post
    I dont see how you can argue that they should be charged if you have no idea whatsoever what they should lbe charged with.
    If they can't be charged, and they are not POWs, exactly what legal right do we have for holding them? Can you answer that?

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    Re: What Happens To Gitmo Detainees?

    Quote Originally Posted by Goobieman View Post
    The problem here?
    The war isnt between belligerent nations.
    The rules that govern war between belligerent nations therefore do not apply.

    That's an interesting perspective.

  4. #64
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    Re: What Happens To Gitmo Detainees?

    Quote Originally Posted by Catz Part Deux View Post
    That's an interesting perspective.
    And, it is absolutely true. The Gevena conventions are all predicated on war between states; the definitions of 'lawful' and 'unlawful' are all made with this predicate in mind.

    Thus, the law that might be used to charge these people doesn't apply to these people...

  5. #65
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    Re: What Happens To Gitmo Detainees?

    Quote Originally Posted by Catz Part Deux View Post
    If they can't be charged, and they are not POWs, exactly what legal right do we have for holding them? Can you answer that?
    They are held as combatants captured on the field of battle.

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    Re: What Happens To Gitmo Detainees?

    Quote Originally Posted by Goobieman View Post
    The problem here?
    The war isnt between belligerent nations.
    The rules that govern war between belligerent nations therefore do not apply.
    From Wikipedia --

    A belligerent is an individual, group, country or other entity which acts in a hostile manner, such as engaging in combat. Unlike the colloquial use of belligerent to mean aggressive, its formal use does not necessarily imply that the belligerent country is an aggressor.

    In times of war, belligerent countries can be contrasted with neutral countries and non-belligerents. However, the application of the laws of war to neutral countries and the responsibilities of belligerents are not affected by any distinction between neutral countries, neutral powers or non-belligerents. A non-belligerent may nevertheless risk being considered a belligerent if it aids or supports a belligerent in a way proscribed by neutral countries.

    An interesting use of the term arose during the American Civil War, when the Confederate States of America, though not recognized as a sovereign state, was recognized as a belligerent power, and thus Confederate warships were given the same rights as United States warships in foreign ports.
    IMHO - You'd have a devil of a time trying to prove that Iraq isn't a belligerent nation, and therefore the detainees aren't "unlawful combatants". You could try to argue this point before the World Court, but I think it would be Quixote-like in it's impracticality.
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  7. #67
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    Re: What Happens To Gitmo Detainees?

    Quote Originally Posted by SpotsCat View Post
    From Wikipedia --
    A belligerent is an individual, group, country or other entity which acts in a hostile manner,
    Yes... and under the Geneva Conventions, the relevant belligerents are states, as the conventions cover war between states.

    IMHO - You'd have a devil of a time trying to prove that Iraq isn't a belligerent nation,
    The detainees in question here are not part of the Iraqi army -- they are from various non-goverment entties, such as the Taliban and other similar groups. As such, your objection here is meaningless.

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    Re: What Happens To Gitmo Detainees?

    Quote Originally Posted by Goobieman View Post
    Yes... and under the Geneva Conventions, the relevant belligerents are states, as the conventions cover war between states.


    The detainees in question here are not part of the Iraqi army -- they are from various non-goverment entties, such as the Taliban and other similar groups. As such, your objection here is meaningless.
    So what about the Viet Cong - as opposed to the North Vietnamese Army (NVA) - "unlawful combatants" or innocent bystanders?
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  9. #69
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    Re: What Happens To Gitmo Detainees?

    Quote Originally Posted by SpotsCat View Post
    So what about the Viet Cong - as opposed to the North Vietnamese Army (NVA) - "unlawful combatants" or innocent bystanders?
    They're just "combatants." that way you can hold them indefinitely...eternally, perhaps...without convicting them of a crime, or even proving that they were fighting for the other side.

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    Re: What Happens To Gitmo Detainees?

    Quote Originally Posted by SpotsCat View Post
    So what about the Viet Cong - as opposed to the North Vietnamese Army (NVA) - "unlawful combatants" or innocent bystanders?
    The VC were an actor for the state of North Vietnam, who both did and did not fight under the rules of warfare. So, it would depend on the specific situation.

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