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American Geneva Violations Against Al-Janeera's Al-Haj Exposes American Civilians To Abuse
Al-Janeera cameraman Al-Haj was detained in 2002 along the Pakistani-Afghan border. Absurdly, the American changed the reason for detaining him at Guantanamo, later saying the camerman was smuggling cash for Chechen rebels.
When Americans call journalists "unlawful combatants," all American civilians might be similarly labeled to justify their abuse. The Americans have no legal basis to use retaliatory acts against "unlawful American combatants," to engage in other Geneva violations.
American civilians, legal counsel, policy makers, and contractors could be charged, on accusation alone, without any evidence, of supporting illegal rendition and other war crimes.
American Inaction in re Chechnya Destroys Pretext For Detaining Al-Haj As An "Unlawful Combatant"
Last time we checked, Chechnya is in Europe, but Pakistan is in Southwest Asia. Based on the evidence the Americans supposedly gleaned about Europe, DOJ OLC has no explanation why the American President did not invadie Chechnya. Seeing no invasion of Chechnya, the American's excuse self-evidently fails; seeing no trial or conviction, the American's pretext for Geneva violations evaporates.
Dubious American Detentions Opens Door To Reciprocal Violations Against American Civilians
However, this isn't the end. The pretext for detaining the cameraman for six [6] years was dubious. The problem for DOJ OLC staff is one of reciprocity and retaliation under the Geneva Conventions. Once one power -- the United States -- violates Geneva and detains civilians without charges, relabels then "unlawful combatants," other nations may commit like violations.
DoJ OLC Exposes American Civilians To Like Abuses
DoJ OLC's express policy is to permit -- on accusation alone, without charges -- the detention of civilians as unlawful combatants. The DoJ OLC legal counsel, on accusation alone, could also be charged under the laws of war as being unlawful combatants. This does not advocate violence against the DOJ OLC staff. Rather, it reminds the American public the problem DoJ OLC has created for all American civilians: On accusation alone, without evidence, you may be lawfully detained worldwide as an "unlawful combatant," held without charges, never given access to a lawyer, and abused in violation of the Geneva Conventions.
The American military does not have enough resources to provide front-line combat troops in Iraq the required equipment to conduct combat operations. There is no prospect that the American military can defend all civilians outside combat zones.
Americans Civilians, On Accusation Alone, Stripped Of Geneva Protections
DoJ OLC's error was to open the barn door to reciprocal, retaliatory acts against American civilians. The error was for DOJ OLC staff to "legalize" Geneva violations against unarmed civilians. The error was compounded when DOJ OLC "legalized" the detention without trial civilians who were not engaged in any illegal activity, but on accusation alone were classified as unlawful combatants.
As a retaliatory act, any American civilian, on accusation alone, may, under the laws of war, be called an unlawful combatant, held without trial, and detained indefinitely. If this happens, you can thank the DOJ OLC legal staff for authorizing the original Geneva violations against "unlawful combatants". Because of the reckless legal advice from DOJ OLC, all Americans civilians may be charged with being unlawful combatants, detained without trial, never given any access to lawyers, and denied access to evidence to expedite their release.
Reckless Department of Justice Exposes Americans To Abuse
The correct approach would have been for DOJ OLC strictly enforce Geneva. However, because of reckless DOJ OLC legal advice, and the decision of the DOJ AG not to enforce Geneva, the world without notice is authorized under Geneva to continue reciprocal and retaliatory acts against similarly designed "unlawful combatants".












Comments (2)
The Bush Administration is a collection of war criminals. They need to be imprisoned.
May 3, 2008 5:29 PM | Reply | Permalink
WARNING!!! WARNING!!! WARNING!!!
All beware the poster of this blog is a known spammer on TPM that throws unsubstantiated allegations on the news blogs that link to his unsubstantiated rants on this blog.
If you chose to leave a comment on his blog that does not agree with his conspiracy driven dribble, the blogger will in turn attack you. He has a history of flaming people throughout the TPM site.
He rants that anyone that disagrees with him is somehow connected to the DOJ, attempting to spread misinformation since the poster does not agree with him, attempts to connect the poster to another poster in a means of discrediting him/her, or attempts to claim the commenter is violating TPM policy for posting a divergent point of view.
While there may be some truth in the posting, it is only surely a result of pure accident on his part if there is so. Testing simply posts things he does not know about and then says because no one has stopped to explain the topic to him and the ins and outs, there must be a conspiracy.
Proceed at your own risk.
May 13, 2008 8:30 AM | Reply | Permalink
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