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Originally posted by Say_hello_for_me
But captured by the military on a foreign battle field while not wearing a uniform or representing an internationally recognized government? I'd hope that the military asked for a showing, like "did sgt. smith capture this guy at Tora Bora" or something as light, but objective and recordable, as that.
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Ok. But to enforce even so light a standard such as that would require review of each detention by some third party -- although not necessarily the judiciary. If the review is to be perceived as independent and impartical -- it will be tough to do it in-house -- although my experience with the military justice system suggests to me that the vast majority of those involved would work very hard to do it by the book and get it right.
The administration's position is -- has been -- zero outside review by anyone outside the executive branch. I think that they may well lose on this to some extent -- the one thing you don't tell the Supreme Court in the modern era is that it has no power to even consider reviewing the actions of the Executive.
Quote:
Originally posted by Say_hello_for_me
If the answer is yes, then I don't see a legal basis for an objection to skinning them alive. Except maybe some of those human rights treaties we sometimes sign that, I think, say that "all people are entitled to human rights" and not just "citizens of signatory countries are entitled to human rights while in the hands of other signatory countries or their representatives".
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That may be the correct answer legally -- I don't know that law (although I suspect we signed a couple of such treaties). I am not one of those who would go so far as to say that the actions of the U.S government must satisfy constitutional muster wherever in the world they may be.
The military also has been treated somewhat differently than law enforcement in this regard. I don't remember the outcome of the case in the past few years challenging the U.S. government's seizure and prosecution of the Mexian doctor who helped keep Enrique Camarena (American federal agent (DEA?)) alive and conscious while a drug gang tortured him to death for information. As I recall, the doctor was seized extrajudicially, dumped at the border, and picked up by U.S. law enforcement under "suspicious circumstances." I think he was sentenced to life, and that the Courts ruled that the 4th Amendment don't apply in Mexico.
S_A_M
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