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Thread: KSM to (finally) have his day in court

  1. #91

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    Quote Originally Posted by happy fun dude View Post
    Your leaders ALSO redefined the meaning of torture, to excuse what they were doing as well.
    Our leaders were not judges defining a legal term. Nice try at obfuscating, but you failed.

    Quote Originally Posted by happy fun dude
    I was referring to as set forth by international law. You know, the actual BINDING definitions, the ones that are actually applicable here.
    This has nothing to do with international law. You know it. I know it. KSM is not under the jurisdiction of international law as it applies to how he is to be tried. That is the domain of the nation doing the trying. International law is only applicable if we've signed a convention specifically dictating how we try him. You've asked for and received US law that dictates how he is to be tried. If you're so sure international law trumps national law, I am sure you would have no problem showing us where we signed a convention that we will only try people according to international law.

  2. #92

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    Quote Originally Posted by happy fun dude View Post
    Please leave the personal attacks out of it.

    If the MCA means KSM is an unlawful enemy combatant, then why was there a military commission hearing on KSM after that to determine whether or not he was an enemy combatant?

    You see the argument is he already was.. Which means the hearing to determine if he was or not makes no sense.

    The answer to that is simple.. The MCA was set up to try these people to make such determination, as well as to strip away some of the basic rights of the accused, like self incrimination and pretrial evidence gathering guidelines.

    Also, the definitions outlined in ANY federal statute do not trump those proscribed by international law, per the US constitution.. This is the point everyone has so far ignored while going on about US laws as though they are somehow better or more applicable.
    I am sure you can point out where in our constitution it states international law definitions trump those defined in a federal statute, right? You've made the claim several times. I don't seem to recall that passage in our constitution.

  3. Default

    Quote Originally Posted by Patriot911 View Post
    Our leaders were not judges defining a legal term. Nice try at obfuscating, but you failed.
    Didn't you get the memo from John Yoo?

    This has nothing to do with international law. You know it. I know it. KSM is not under the jurisdiction of international law as it applies to how he is to be tried. That is the domain of the nation doing the trying. International law is only applicable if we've signed a convention specifically dictating how we try him. You've asked for and received US law that dictates how he is to be tried. If you're so sure international law trumps national law, I am sure you would have no problem showing us where we signed a convention that we will only try people according to international law.
    The United States is a party to, and ratified in 1955, the third Geneva convention agreement. This meant that they agreed that a detainee's status is to remain as POW, with full POW protections, until such time that another classification like "unlawful enemy combatant" is proven in a regularly constituted tribunal.

  4. #94

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    Quote Originally Posted by happy fun dude View Post
    Didn't you get the memo from John Yoo?
    Way to purposefully play dumb. So noted you're not here to debate but to apply sarcasm.

    Quote Originally Posted by happy fun dude
    The United States is a party to, and ratified in 1955, the third Geneva convention agreement. This meant that they agreed that a detainee's status is to remain as POW, with full POW protections, until such time that another classification like "unlawful enemy combatant" is proven in a regularly constituted tribunal.
    What does that have to do with how he is tried? Try to keep up.

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