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Jim
Lv 5
Jim asked in Politics & GovernmentLaw & Ethics · 1 decade ago

Habias Corpus for Guantanamo Bay detainees?

The Supreme Court ruled in a 5-4 decision that the detainees in Guantanamo Bay have a right to Habias Corpus. Perhaps I missed the point! I thought those people were considered Prisoners Of War and, as in all wars, are detained until the war ends or a cease fire is agreed to at which point each side re-patriates the POWs that they are holding to their country of origin. I fail to see how the right of habias corpus that is guaranteed under the constitution for criminal cases in the United States applies ... perhaps there is a legal expert out there that can explain why US criminal law applies to Prisoners Of War. By the way, the vote was pretty much a party line vote which leads me to believe that the decision has more to do with politics than the Constitution of The United States. Other small point is that the prisoners that the terrorists take don't get a right to habias corpus ... usually just a videotaped decapitation, yet we're the monsters for holding these enemy combatants?

Update:

It is my understanding that they are referred to as "Enemy Combatants" rather than Prisoners of War because a Prisoner of War is defined as a member of an enemy miitary unit captured in combat and the detainees are not affiliated with any legitimate countries government, hence they did not fall into the POW category as defined by international law, yet these people didn't commit a crime in a US State, territory or possession so they didn't fall under our criminal justice system either. Should we have just said damn those loopholes and let them return to killing US troops? Whether you call them POWs or Enemy Combatants, they were involved in acts of war against US and allied forces.

Update 2:

Mr. Buzz Lightyear - I believe I understand that these people are not charged with a crime ... hence them being held as "enemy combatants". You need to understand the term "war", which is more relevant than the term "scapegoat". If these people had been arreseted in the US for their actions then they would be charged with conspiracy to commit murder, engaging in terrorist activity, murder, possession of prohibited weapons or a number of other charges, but our government rather than consider these people as criminals consider them as enemy combatants.

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  • 1 decade ago
    Favorite Answer

    I'm guessing some people didn't get the memo, or more accurately have a complete lack of common sense. Let me break it down for you.... The prisoners at Gitmo ARE NOT SHOPLIFTERS!.... At any point when you become guilty of participating in acts of terrorism YOU LOSE YOUR RIGHTS. Sure there are probably innocent people in Gitmo, but there are innocent people in every jail and prison in America too. It happens. I'd much rather see America being proactive with suspects of terrorism than to be reactive and us have another 9/11. Terrorists ahve cost me a lot of blood sweat and tears on the sands of Iraq, and I've lost some very dear friends. These prisoners are NOT Americans and have no rights under OUR Constitution. Of course these days half of Americans aren't Americans, you're more concerned about the crazy radical groups killing each other in Darfur, than the mother and father next door to you who's son or daughter just paid the ultimate price. Get Real. God Bless the united States and our troops

  • Anonymous
    1 decade ago

    We're monsters because we violated the people's most BASIC rights guaranteed for several hundred years: The right to challenge your incarceration. (As dictated by the Magna Carta charter.)

    This goes far beyond a simple 'decapitation' incident.

    This is about the UNITED STATES upholding its laws and abiding by international treaties and other such laws GOVERNED by the civilized world.

    Unless of course...you don't think we are...*civilized* enough?

    Let me put it to you in terms you can understand:

    The Nazis murdered 6 million JEWS during the second world war. Those responsible for their heinous crimes were brought before an international tribunal and given their rights to challenge their case under a set and impartial law.

    Fast forward to 2001 and these so-called "terrorists" kill a mere 3000 Americans in a single day--and yet we DENY them their rights to a fair and impartial hearing, their rights to challenge their accusers, and a right to see convene with a lawyer of their choosing?

    The question is: Why?

    Why are these people any different from the Nazis whom killed 20+ times more people in 6 years than these people did in a single day?

    Why were the Nazi perpetrators given their day in court and these terror suspects aren't?

    What does the Bush administration have to fear so much from a bunch of guys being held without trial or charge?

  • Pfo
    Lv 7
    1 decade ago

    You can't hold people indefinitely and not tell them why. No civil society would do that. If they really are terrible awful people then they will be found to be so in a court of law, or perhaps the case is weak to begin with?

    Prior to 2001, there were no legal provisions to handle situations like this. 9/11 prompted some very rushed and incomplete legislation to handle these scenarios, legislation that is shoddy at best and did not adhere to constitutional principles. The Bush administration set themselves up for judicial review.

  • Alan S
    Lv 7
    1 decade ago

    ahh, but there is the rub, GWB denied them the status of "prisoners of war" because the protections defined under the Geneva convention would have applied to them. He chose to create a new classification "Illegal Enemy Combatant". Because of this arrogant move to try and deny these individuals any rights what-so-ever he has given them more rights than they would have had if he just played by the old rules. One more of Georgie's tricks to blow up in his face.

    As for the enemy giving the right of Habias Corpus, you're right but if we degrade ourselves by giving up the truths we hold as self-evident and act in like barbarism then we lose far more than we will ever re-coup.

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  • 1 decade ago

    They have purposefully NOT been designated as prisoners of war. The Bush administration designated them as "enemy combatants" in an attempt to circumvent the provisions of the Geneva Conventions that would apply to POW's.

    BTW, the rights of habeas corpus (correct spelling) upheld were with respect to civil challenges, not criminal.

    The fact that you fail to see how the right of habeas corpus applies is the reason that you do not sit on the SCOTUS and more learned legal scholars do.

  • Yes, they should be entitled to all the protection of the law.

    You're an American, so you agree with the rule of law, yes? You believe a person is innocent until proven guilty, yes? Is that not the backbone of the US Constitution?

    Yet here you preach that someone should be held without any right to courts, any semblance of justice, just because they happen to not be US citizens?

    If you have no problem with that, no moral contradiction, I'm sorry, but i fail to see the moral high ground you think you're standing on.

    "Johnny hit me, so I am going to burn down his house"?

    And people wonder why the US has lost it's moral leadership....

  • 1 decade ago

    Only 19 out of 270 Gitmo hostages have even been accused of a crime.

    Out of those 19, there is almost zero evidence.

    Source(s): do you even know what a "scapegoat" means?
  • wizjp
    Lv 7
    1 decade ago

    I don't agree either. Enemy combatants and POW's aren't legally entitled IMHO

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