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Does the Holocaust Rule Apply
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Originally posted by sgtclub
The people at Gitmo are not citizens and should not necessarily have rights under our criminal justice system or the Constitution. They also don't fall into the protected class under the Geneva Convention. That is not to say that there should not be a process for these people, but exactly what that process should be is unclear.
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This idea that the Geneva Conventions were intended to create a class of people ("enemy combatants") who would be unprotected is historically flimsy. And other things that our military has done to evade the Geneva Conventions and other protections -- e.g., a signed Presidential letter to give military personnel a necessity defense to any prosecution -- are flimsier still.
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“It was fortunate that so few men acted according to moral principle, because it was so easy to get principles wrong, and a determined person acting on mistaken principles could really do some damage." - Larissa MacFarquhar
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