tagged w/ Geneva Convention
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Attorney General Eric Holder told the European Parliament in September 2011 that he would try to close Guantanamo by Election Day 2012 or at least by the end of the year. How he would do so was not specified, but ten suggestions appear below.
First, however, it is useful to recall that when the Afghan War began, General Tommy Franks ordered compliance with the Geneva Conventions on October 17, 2001. On November 13 he was countermanded by an executive order in the form of a military order from President George W. Bush regarding prisoners who were then being collected, though no specific mention was made of the Geneva Conventions. When the first prisoners arrived at the Naval Base on January 11, 2002, the commanding general, Brigadier General Rick Baccus, ordered compliance with the Geneva Conventions. His order was then rescinded on February 7 by another executive order signed by George W. Bush making specific reference to the inapplicability of the Geneva Conventions of 1949 but not the 1929 Geneva Convention.
Despite Baccus’s initial attempt at compliance, the world viewed blindfolded, bound prisoners on their knees wearing orange jumpsuits together behind barbed wire. The photo, which has flashed across screens many times, already suggested six Geneva Convention violations:
inhuman treatment (Article 3 of both the 1929 and 1949 treaties)
humiliating and degrading treatment (Article 3 of both the 1929 and 1949 treaties)
cruel treatment (Article 3 of the 1949 treaty; Article 46 of the 1929 treaty)
close confinement (Article 21 of the 1949 treaty; Article 9 of the 1929 treaty)
public display of prisoners (Article 13 of the 1949 treaty; Article 2 of the 1929 treaty)
deprivation of personal property (Article 18 of the 1949 treaty; Article 6 of the 1929 treaty)
It was not the stalag of Hogan’s Heroes!
According to Human Rights First, some 779 prisoners have been housed at Guantánamo over the years. Today, there are 174. Of the 605 no longer at Gitmo, most were sent home or to countries that received them as refugees. Eight have died at Gitmo, 4 of whom were considered suicides, though some may in fact have been murdered. One, who pled guilty, is back home in Australia. Another, who was convicted, was sent back to Yemen.
Three others, who have been prosecuted, remain as prisoners at Gitmo, making the facility a penitentiary, contrary to Article 56 of the Geneva Convention of 1929 and Article 22 of the Third Geneva Convention of 1949.
Today, the following categories of prisoners remain:
3 confessed or convicted prisoners who may never be released
5 temporary detainees (Uighurs from China who await resettlement)
84 conditional detainees (30 Yemenis, who want to go home, are held due to instability there but are otherwise cleared for release)
46 dangerous prisoners who will not be prosecuted because of “tainted” evidence
36 prosecutable prisoners, some for civilian offenses.
I envision ten options:
Resettlement in the United States. Seventeen dissidents from Western China, the Uighurs held at Gitmo, could easily be accommodated with their brethren in Virginia. They were wrongly imprisoned, as they have no animosity toward the United States and instead oppose repression of Uighurs inside China. Yet in 2009 President Obama refused to accept a court order for their release to the Mainland United States, deferring to Congressional opposition.
Transfer to foreign countries. Congress currently allows transfer of prisoners cleared for release to settle abroad, provided that the Secretaries of Defense and State stipulate that the host countries meet specific strategic requirements.
Transfer to the UN refugee authority. Part of Guantánamo now serves as a refugee camp. The 89 prisoners already approved for transfer are technically “refugees,” since they reside neither in their home country nor in a country that will accept them as residents, and they hope to leave soon. The Geneva-based UN High Commissioner for Refugees could be asked to handle those already cleared for release. If sent to Geneva, Congressional strategic requirements could easily be met. Existing UN refugee camps, however, may offer inferior accommodations.
Join the International Criminal Court. If the United States joins the International Criminal Court (ICC), those with prosecutable offenses might be sent to The Hague for trial.
Click Link for full details!Attorney General Eric Holder told the European Parliament in September 2011 that he... more
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Islamic terrorist group Islamic Jihad in the Gaza Strip on Tuesday said three of its members had been killed in an Israeli airstrike in northern Gaza. The group said its members were killed shortly after firing two rockets into civilian areas of southern Israel.
Two AK-47 rifles, ten magazines and five grenades were found on the terrorsts' bodies.Islamic terrorist group Islamic Jihad in the Gaza Strip on Tuesday said three of its... more
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"North Korea will on Monday undergo a UN review on the human rights situation there, during which South Korea and Japan are to take Pyongyang to task for having allegedly abducted their citizens.
Japan will press Pyongyang on when it would conduct a full investigation into alleged kidnapping of Japanese, while South Korea wants its neighbour to explain how it would resolve the problem of abducted South Koreans.
The questions were revealed in documents released by the UN Human Rights Council ahead of the Universal Periodic Review - a study of the nation's record that all 192 member states of the UN must submit to every four years.
The review will involve a public debate in Geneva between the 47 member states in the council and North Korea."
http://news.smh.com.au/breaking-news-world/n-korea-to-face-questions-on-abductions-20091206-kciv.html"North Korea will on Monday undergo a UN review on the human rights situation... more
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Blair had in effect promised George Bush that he would join the US-led invasion when, as late as July 2002, he was denying to MPs that preparations were being made for military action. The leaked documents reveal that "from March 2002 or May at the latest there was a significant possibility of a large-scale British operation".
Military commanders are expected to tell the inquiry into the Iraq war, which opens on Tuesday, that the invasion was ill-conceived and that preparations were sabotaged by Tony Blair's government's attempts to mislead the public.
They were so shocked by the lack of preparation for the aftermath of the invasion that they believe members of the British and US governments at the time could be prosecuted for war crimes by breaching the duty outlined in the Geneva convention to safeguard civilians in a conflict, the Guardian has been told.Blair had in effect promised George Bush that he would join the US-led invasion when,... more
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In a landmark case, twenty-three Americans, mostly CIA operatives, have been convicted in Italy for kidnapping a Muslim cleric from the streets of Milan in 2003. They were all tried in absentia after the United States refused to hand them over. The convictions turn them into international fugitives who risk arrest abroad. The case marks the first time any American has been convicted for taking part in a so-called “extraordinary rendition.” We go to Rome to speak with the Italian prosecutor who brought the case, Armando Spataro, and get comment from international law and human rights attorney Scott Horton. [includes rush transcript]In a landmark case, twenty-three Americans, mostly CIA operatives, have been convicted... more
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asherp
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added this
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2 years ago
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The weather and climate have a profound influence on our lives everywhere. Lives and livelihoods are disrupted in the path of storms and rising sea levels, retreating glaciers, intensifying droughts and floods, and food and water scarcity.
The Health and Climate Foundation has put together a contemporary art project that explores that relationship between climate and society.
Coinciding with the World Climate Conference 3 in Geneva, which runs from 31 August—4 September 2009, the exhibition is intended to provoke us to think about how we are affected by the environment, how it transforms us, and how we live with it.The weather and climate have a profound influence on our lives everywhere. Lives and... more
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May 18, 2009 | On April 16, the Obama administration released four memos that were used to authorize torture in interrogations during the Bush administration. When President Obama released the memos, he said, "It is our intention to assure those who carried out their duties relying in good faith upon legal advice from the Department of Justice that they will not be subject to prosecution."
Yet 13 key people in the Bush administration cannot claim they relied on the memos from the DOJ's Office of Legal Counsel. Some of the 13 manipulated the federal bureaucracy and the legal process to "preauthorize" torture in the days after 9/11. Others helped implement torture, and still others helped write the memos that provided the Bush administration with a legal fig leaf after torture had already begun.
The Torture 13 exploited the federal bureaucracy to establish a torture regime in two ways. First, they based the enhanced interrogation techniques on techniques used in the U.S. military's Survival, Evasion, Resistance and Escape (SERE) program. The program -- which subjects volunteers from the armed services to simulated hostile capture situations -- trains servicemen and -women to withstand coercion well enough to avoid making false confessions if captured. Two retired SERE psychologists contracted with the government to "reverse-engineer" these techniques to use in detainee interrogations.
The Torture 13 also abused the legal review process in the Department of Justice in order to provide permission for torture. The DOJ's Office of Legal Counsel (OLC) played a crucial role. OLC provides interpretations on how laws apply to the executive branch. On issues where the law is unclear, like national security, OLC opinions can set the boundary for "legal" activity for executive branch employees. As Jack Goldsmith, OLC head from 2003 to 2004, explains it, "One consequence of [OLC's] power to interpret the law is the power to bestow on government officials what is effectively an advance pardon for actions taken at the edges of vague criminal statutes." OLC has the power, Goldsmith continues, to dispense "get-out-of-jail-free cards." The Torture 13 exploited this power by collaborating on a series of OLC opinions that repeatedly gave U.S. officials such a "get-out-of-jail-free card" for torturing.
Between 9/11 and the end of 2002, the Torture 13 decided to torture, then reverse-engineered the techniques, and then crafted the legal cover. Here's who they are and what they did:(details of the actions of each at the link to full article)
1. Dick Cheney, vice president (2001-2009)
2. David Addington, counsel to the vice president (2001-2005), chief of staff to the vice president (2005-2009)
3. Alberto Gonzales, White House counsel (2001-2005), and attorney general (2005-2008)
4. James Mitchell, consultant
5. George Tenet, director of Central Intelligence (1997-2004)
6. Condoleezza Rice, national security advisor (2001-2005), secretary of state (2005-2008)
7. John Yoo, deputy assistant attorney general, Office of Legal Counsel (2001-2003)
8. Jay Bybee, assistant attorney general, Office of Legal Counsel (2001-2003)
9. William "Jim" Haynes, Defense Department general counsel (2001-2008)
10. Donald Rumsfeld, secretary of defense (2001-2006)
11. John Rizzo, CIA deputy general counsel (2002-2004), acting general counsel of the Central Intelligence Agency (2001-2002, 2004-present)
12. Steven Bradbury, principal deputy assistant attorney general, OLC (2004), acting assistant attorney general, OLC (2005-2009)
13. George W. Bush, president (2001-2009
Okay, now what?May 18, 2009 | On April 16, the Obama administration released four memos that were... more
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http://breakroomlive.com
BreakRoomLive w/ Maron & Seder is LIVE weekdays, 3-4pm from Air America's Break Room.
Armitage says if only he knew about the torture he says he would have quit. Sam calls his bullshit...
Catch comedy sketches, interviews, political & cultural discussions, & interact with hosts and guests live: 3pm, M-F @ BreakRoomLive.com!
BreakRoomLive w/ Marc Maron & Sam Seder is a production of http://airamerica.comhttp://breakroomlive.com
BreakRoomLive w/ Maron & Seder is LIVE weekdays, 3-4pm... more
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The report, which was not meant for public release, was written after Red Cross observers were allowed to speak to 14 "high value" detainees at Guantanamo Bay. The detainees had been transferred from secret prisons, or black sites, operated by the CIA. The testimony given to the International Committee of the Red Cross (ICRC), notably by Abu Zubaydah, who was captured after fighting US soldiers in Pakistan, provides a level of detail about the treatment the men received that has not been seen before.
Zubaydah recalls being slammed repeatedly against a plywood wall in his cell and being confined in dark, coffin-like wooden boxes. He speaks of being left unclothed and struggling to breathe as water was poured on a cloth over his face – a simulated drowning procedure known as waterboarding.
"I struggled against the straps, trying to breathe, but it was hopeless. I thought I was going to die. I lost control of my urine. Since then I still lose control of my urine when under stress," he is quoted as saying.The report, which was not meant for public release, was written after Red Cross... more
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'This is going to be big,' senator says
The Senate is quietly preparing plans to investigate allegations of torture under President George W. Bush, according to comments published Wednesday by Senate Judiciary Chairman Pat Leahy (D-VT) and Sen. Sheldon Whitehouse (D-RI).
The Senate Judiciary Committee could announce a hearing to consider various plans to probe allegations of torture as early as today, according to Salon's Mark Benjamin, citing Committee Chairman Pat Leahy and members of his staff. A call placed Wednesday morning by Raw Story to Leahy's office was not immediately returned.
Sen. Whitehouse said he’s “convinced” the investigation will move forward.'This is going to be big,' senator says
The Senate is quietly preparing... more
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What will it take to change US policy in the Middle East? Former U.S. congresswoman Cynthia McKinney says that little will change as long as the American Israel Public Affairs Committee (AIPAC) continues to influence US policy makers. The fact that Israel is violating US law by continuing to supply weapons to a country targeting civilians could be addressed by congress.What will it take to change US policy in the Middle East? Former U.S. congresswoman... more
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GRITtv
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added this
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3 years ago
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Everyone wants to know: will Obama order investigations into the Bush administration's abuses of power? But, perhaps the new question should be: if he doesn't, who will?
House Judiciary Chairman John Conyers, Jr. (D-MI) is at least going to try.
Conyers published a nearly 500-page report (PDF link) Tuesday titled, "Reining in the Imperial Presidency: Lessons and Recommendations Relating to the presidency of George W. Bush."
Conyers' report makes 47 recommendations "designed to restore the traditional checks and balances of our constitutional system," reads the foreward. Recommendations include the establishment of a 'blue ribbon' commission to fully investigate the Bush administration, and the launch of criminal probes.Everyone wants to know: will Obama order investigations into the Bush... more
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President-elect Barack Obama is expected to move swiftly to reverse executive orders regarding torture of terror suspects, the military prison at Guantanamo Bay and other controversial security policies, sources close to his transition said, in dramatic gestures aimed at reversing President Bush’s accumulation of executive power.
Senator Russ Feingold (D-WI) said he’s been informed that President Obama will support his proposed legislation to make public some opinions from the Justice Department's Office of Legal Counsel, which issued some of the Bush Administration's most sweeping claims of executive power. Obama also has promised to limit President Bush's practice of using "signing statements" to amend legislation.
"Every day we get indications that they're serious about reversing the abuses of the Constitution," Feingold, a harsh Bush critic, told Politico. Feingold said he thinks Obama is likely to issue executive orders rapidly reversing Bush policies, and others have indicate that those will likely cover the interrogation and detention of terror suspects, and keeping the records of past presidents secret.
-Here comes the transparency we've been lacking over the last 8 years. Brace yourselves. This is going to be ugly.- BansheewailPresident-elect Barack Obama is expected to move swiftly to reverse executive orders... more
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Hillary Clinton today endorsed the use of "smart power" to reassert global US influence during an appearance before the US Senate foreign relations committee, which is considering her nomination as secretary of state.
Clinton indicated she would depart from the ideologically-driven foreign policy of the Bush administration and forge new alliances around the world.
"America cannot solve the most pressing problems on our own, and the world cannot solve them without America," she said. "I believe American leadership has been wanting, but is still wanted. We must use what has been called 'smart power', the full range of tools at our disposal. With 'smart power', diplomacy will be the vanguard of foreign policy."Hillary Clinton today endorsed the use of "smart power" to reassert global... more
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President-elect Barack Obama will order the closing of the Guantanamo Bay US military prison, his advisers say, according to Lara Jakes of The Associated Press:
That executive order is expected during Obama's first week on the job — and possibly on his first day, according to two transition team advisers. Both spoke Monday on condition of anonymity because they were not authorized to speak publicly.President-elect Barack Obama will order the closing of the Guantanamo Bay US military... more
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I just came across this clip from CNN, regarding a bill passed back in 2006:
"Buried deep inside the War Crimes Detainee bill recently passed by the House, is a provision that would pardon President Bush and his administration for violation of the Geneva conventions. Some of these crimes are violations punishable by death.
President Bush seeks to Pardon himself and his administration in advance for violating the Geneva Conventions in an effort to avoid possible prosecution in the future."
Is this why Bush hasn't bothered to pardon himself and his administration?I just came across this clip from CNN, regarding a bill passed back in 2006:... more
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"I supported it," he said regarding the practice known as "water-boarding," a form of simulated drowning. After World War II, 7 Japanese soldiers were tried and convicted of war crimes in US courts for water-boarding one American soldier and executed for it, a practice which the outgoing Bush administration attempted to enshrine in policy."I supported it," he said regarding the practice known as... more
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Because history has taught us that we are incapable of going to war without our front line soldiers succumbing to fear and seeking vengeance often in the form of war crimes (how dare they), the Pentagon has pulled together a massive budget and hired some British robotics experts to build "autonomous systems" (Pentagon-speak for robots) that won't violate the Geneva conventions. Go Defense Department!Because history has taught us that we are incapable of going to war without our front... more
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ANP: An interview with David Cole. Part 1
President-elect Barack Obama says closing down the detainee camp in Guantanamo Bay will be a top priority of his new administration. David Cole, author of Justice at War: The Men and Ideas That Shaped America's War on Terror, legal affairs correspondent for The Nation, and a professor at Georgetown University Law Center, reviews some of the dilemmas ahead. Should the U.S. continue to hold prisoners without charge? Should we prosecute the top Bush Administration officials responsible for detainee abuse? And how do we regain the respect of the world community?ANP: An interview with David Cole. Part 1
President-elect Barack Obama says closing... more
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