U.S. case against Khadr collapses

[lookingforitallthetime]

I think we should be nice and just let him go, the poor guy has suffered enough. He has learned his lesson and will never do harm again..why can't we just all get along?

I'm not looking for nice, just a timely trial. It is after all a right that many died to protect.

 

[oldjones]

Was he in uniform or wearing a particular and distinctive pattern of clothing which would identify him as a combatant? If not by definition he was an unlawful combatant. Quoting the International Committee of the Red Cross' Commentary on the Fourth Geneva Convention: "If civilians directly engage in hostilities, they are considered 'unlawful' or 'unprivileged' combatants or belligerents. They may be prosecuted under the domestic law of the detaining state for such action."

And the judge said the domestic law of the detaining state—for all that it was tailor-made for the purpose after the fact—was not followed. This should be a proud moment for Americans, a Colonel upholding the basic principles of justice in the face of a Commander-in-Chief who so far has done everything one could imagine to subvert them.

Good thing the civilian "unprivileged combatants" of the Alamo didn't have a Geneva Convention to deprive them of their status. D'ya s'pose GeorgeII ever gave a speech in their honour when he was Governor of Texas?

 

[frasier]

And the judge said the domestic law of the detaining state—for all that it was tailor-made for the purpose after the fact—was not followed. This should be a proud moment for Americans, a Colonel upholding the basic principles of justice in the face of a Commander-in-Chief who so far has done everything one could imagine to subvert them.

Good thing the civilian "unprivileged combatants" of the Alamo didn't have a Geneva Convention to deprive them of their status. D'ya s'pose GeorgeII ever gave a speech in their honour when he was Governor of Texas?

You look at the glass half empty I look at the glass half full..seems to me that the rule of law will prevail in the end.
Democracy sometimes is slow and painful...

 

[lookingforitallthetime]

You look at the glass half empty I look at the glass half full..seems to me that the rule of law will prevail in the end.
Democracy sometimes is slow and painful...

I suspect if you sat in jail for 5 years without a trial you would see the glass as completely empty.

You should be more concerned about this than you are. One day you might find yourself on the other end of "justice".

 

[frasier]

I suspect if you sat in jail for 5 years without a trial you would see the glass as completely empty.

You should be more concerned about this than you are. One day you might find yourself on the other end of "justice".

I didn't say i wasn't and it has taken too long...but it is still a long way from the Gulag...

 

[lookingforitallthetime]

I didn't say i wasn't and it has taken too long...but it is still a long way from the Gulag...

Remember Frasier, if it can happen to one citizen, it can happen to any citizen.

 

[frasier]

Remember Frasier, if it can happen to one citizen, it can happen to any citizen.

This is were I disagree with you..I am not a terrorist nor am I a criminal and not planning to be one..

 

[slowpoke]

This is were I disagree with you..I am not a terrorist nor am I a criminal and not planning to be one..

So if you were detained without charge and with no way of knowing the details of the government's case against you, the fact that you aren't a terrorist or planning to be one would mean what exactly?

 

[lookingforitallthetime]

This is were I disagree with you..I am not a terrorist nor am I a criminal and not planning to be one..

Swing and a miss.

See slowpoke's post above.

 

[red]

The point of course being if under the rules of war I have a right to do so, otherwise I'm an unlawful combatant.

i would really like to get this to trial to get the story. Did the US troops fire at Kadr before he threw the grenade? was it self defence? or did he attack the US troops as they sat around a campfire?

 

[red]

Don't forget, there have been 3 governments in Canada over the past 5 years.

All 3 are equally guilty of inaction.

thats right

 

[red]

Was he in uniform or wearing a particular and distinctive pattern of clothing which would identify him as a combatant? If not by definition he was an unlawful combatant. Quoting the International Committee of the Red Cross' Commentary on the Fourth Geneva Convention: "If civilians directly engage in hostilities, they are considered 'unlawful' or 'unprivileged' combatants or belligerents. They may be prosecuted under the domestic law of the detaining state for such action."

if those same civilians are attacked by soldiers in uniform - can they defend themselves?

the end of your quote- says "prosecuted under the domestic law of the detaining state" - that would be fine with me- if the US would actually do that- but for some reason- which I don't understand - they won't do that.

 

[frasier]

So if you were detained without charge and with no way of knowing the details of the government's case against you, the fact that you aren't a terrorist or planning to be one would mean what exactly?

Those guys weren't arrested for a traffic violation down the street.....

 

[lookingforitallthetime]

Those guys weren't arrested for a traffic violation down the street.....

You're right. They're accused of serious offences and I would expect the case against them to be strong.

The question is, if the case is strong, why the delay in the trial process? The state should be eager to present it's case.

For those who feel they're exempt from similar treatment because they don't intend to commit acts of terror, do you believe in the premise we are all innocent until proven guilty?

 

[slowpoke]

You're right. They're accused of serious offences and I would expect the case against them to be strong.

The question is, if the case is strong, why the delay in the trial process?

For those who feel they're exempt from similar treatment because they don't intend to commit acts of terror, do you believe in the premise we are all innocent until proven guilty?

The concepts of innocent until proven guilty and due process are unimportant to the smug.

 

[mattd40]

the entire Khadr family is disgusting, and its sad to see these people in Canada. If you look at the history of their father you'll see the family follows right in his footsteps. Anyone who decides that they are going to go and kill people at the age of 15 are dangerous to this society. I'm sure the day will be soon when this scumbag is walking the streets the of GTA, and god only knows what thoughts of malice will be running through his head.

 

[Kitwat]

If Paul Bernardo had won a court victory bsed on a technicality would people be as thrilled as they seem to be with this Kahdr punk? Him and his family are a bunch of terrorist bastards who have no place in Canada or any other civilized country. I don't give a damn if the little snot ever sees the light of day again. In fact I hope him and the other cockroaches a Gitmo all die in Cuba. These are like the SS in the German army in the second ww. Anyone who gives a flying F@#K about their rights is an idiot.

 

[onthebottom]

You're right. They're accused of serious offences and I would expect the case against them to be strong.

The question is, if the case is strong, why the delay in the trial process? The state should be eager to present it's case.

For those who feel they're exempt from similar treatment because they don't intend to commit acts of terror, do you believe in the premise we are all innocent until proven guilty?

He probably should have been shot on site for his offenses - that would have been the appropriate response to throwing a grenade at US forces. Given that he was an unlawful combatant he has no rights...... Would I want citizens of my country treated this way in a similar situation, no, I'd want US forces to shoot them and save us the legal bills.

OTB

 

[red]

If Paul Bernardo had won a court victory bsed on a technicality would people be as thrilled as they seem to be with this Kahdr punk? Him and his family are a bunch of terrorist bastards who have no place in Canada or any other civilized country. I don't give a damn if the little snot ever sees the light of day again. In fact I hope him and the other cockroaches a Gitmo all die in Cuba. These are like the SS in the German army in the second ww. Anyone who gives a flying F@#K about their rights is an idiot.

none of your accusations have been proven. if you do not care about due process, the rule of law and the rights of individuals then I would respectfully suggest that you are of less than normal intelligence.

 

[red]

. Given that he was an unlawful combatant he has no rights......
OTB

not quite:

Quoting the International Committee of the Red Cross' Commentary on the Fourth Geneva Convention: "If civilians directly engage in hostilities, they are considered 'unlawful' or 'unprivileged' combatants or belligerents. They may be prosecuted under the domestic law of the detaining state for such action."

the individual retains certain inalienable rights. so prosecute under the law of the USA.