US Indymedia Global Indymedia Publish About us
Printed from Boston IMC : http://boston.indymedia.org/
Boston.Indymedia
IVAW Winter Soldier

Winter Soldier
Testimonies
Brad Presente

Other Local News

Spare Change News
Open Media Boston
Somerville Voices
Cradle of Liberty
The Sword and Shield

Local Radio Shows

WMBR 88.1 FM
What's Left
WEDS at 8:00 pm
Local Edition
FRI (alt) at 5:30 pm

WMFO 91.5 FM
Socialist Alternative
SUN 11:00 am

WZBC 90.3 FM
Sounds of Dissent
SAT at 11:00 am
Truth and Justice Radio
SUN at 6:00 am

Create account Log in
Comment on this article | View comments | Email this article | Printer-friendly version
Commentary :: Human Rights
U.S.Govt.has No Authority to declare anyone an "Illegal Combatant!!!"
07 Aug 2004
U.S.Govt.has No Authority to declare anyone an "Illegal Combatant!!!"
The U.S.Govt. is now holding U.S. Military Tribunals (really Kangaroo Courts) in Guantanamo Bay Cuba to try the so-called "Illegal Combatants" it has kidnapped and held and tortured there.These "Abused Foreign Prisoners" have until recently had no access to lawyers,courts or to any part of the American legal system because the U.S.Govt. unanimously declared them "Illegal Combatants" (which incidentially is a phrase or designation that does not exist,nor ever existed in International Law nor in American Jurisprudence...until that is the Bush Regime came into power and made up that self serving appelation!)

If the Bush Regime's "definition" of an "Illegal Combatant" is to be believed (someone who isn't a certified soldier of a bonefide country and who thus doesn't wear a bonefide soldier's uniform) then people like Timothy McVeigh,the Oklahoma City Bomber,would also be designated by the US Govt. as an "Illegal Combatant"! Timothy McVeigh wasn't a soldier of any country's army during his planning and bombing of the Murrah Bldg.,nor did he have any "legal" soldier's uniform to wear when he carried out that horrendous bombing.Yet McVeigh had access to the entire American legal system and courts to defend himself.McVeigh's partner in the Oklahoma bombing Terry Nichols also wasn't treated as an "Enemy Combatant" and he too had access to U.S.Courts and lawyers to defend himself.

So why were homegrown Terrorists and "Illegal Combatants" like McVeigh and Nichols treated differently and given full legal rights that the Afghanis the U.S.Military kidnapped and then imprisoned in Guantanamo Bay were refused?

From both the U.S.Govt's and Bush Regime's interpretation an "Illegal Combatant" is anyone (American citizen or foreigner) who fights or seeks to overthrow the U.S.Federal Govt.,but who at the same time,is "not an elected official" of said U.S. Federal Govt. and so he or she has no "legal right" to protest or organize or fight to overthrow the "legal" (or at least the "current") U.S.Govt.!

This interpretation of "Illegal Combatant" would provide the Bush Regime and any subsequent Right Wing Govts' with the power and authority to arrest and imprison anyone and hold them indefinitely without any recourse allowed them to lawyers or courts,thus criminally implicating a wide range of individuals including social activists;union leaders;minor political party leaders,if their protest actions are in any ways interpreted (primarily by the White House) as being a treasonous attempt to overthrow the current U.S.Govt.!

Then on the other side of the coin, what about the the US Govt. employing and dispatching the CIA to do clandestine,covert and "Terrorist" operations all around the world in countries they have "No Legal Authority" to be in and in which they in their deceit and deception wear no identifiable "soldier's uniforms"? Or what about the US Govt. employing the CIA and other secret intelligence and military organizations to orchestrate the overthrow of legal governments in foreign countries by fianacing "Illegal Combatants" in those countries that are part of illegal paramilitary organizations and terrorist "Death Squads".The overthrow of the legally constituted and elected government of Allende in Chile by the U.S.Govt and the CIA comes to mind.

The US Supreme Court,which in effect "elected" the Bush Regime and legalized its use of inhuman,dictatorial,nazi stratedgies like its "Illegal Combatant" ruse and also legitimized the kidnapping of foreign nationals to Guantanamo Bay Cuba,and holding them with out any human rights,has proven itself to be, not any kind of democratic institution but in reality a self serving faschist organization!

This work is in the public domain
Add a quick comment
Title
Your name Your email

Comment

Text Format
Anti-spam Enter the following number into the box:
To add more detailed comments, or to upload files, see the full comment form.

Comments

What the hell are you talking about? You dont make sense.
08 Aug 2004
"McVeigh wasn't a soldier of any country's army during his planning and bombing of the Murrah Bldg.,nor did he have any "legal" soldier's uniform to wear when he carried out that horrendous bombing.Yet McVeigh had access to the entire American legal system and courts to defend himself.McVeigh's partner in the Oklahoma bombing Terry Nichols also wasn't treated as an "Enemy Combatant" and he too had access to U.S.Courts and lawyers to defend himself.

So why were homegrown Terrorists and "Illegal Combatants" like McVeigh and Nichols treated differently and given full legal rights that the Afghanis the U.S.Military kidnapped and then imprisoned in Guantanamo Bay were refused?"


Um, where shoud we start....how about the fact that McVeigh and Nichols were both AMERICAN CITIZENS? They committed their crimes on US soil and were allowed access to the courts because they were citizens of this country. They also have rights her because of the same reason. Those prisoners of war being held in Guantanamo Bay have no rights except those agreed upon by the Geneva Convention. They have no right to the court system or any of the rights afforded to any American Citizen.

The United States is the world's sole remaining superpower. It must do whatever it has to in order to maintain that status. Perhaps there are flaws in our system, but ours is the best the world has to offer at the moment. Instead of giving thanks for your freedom, you are using it to spit in the face of the First Amendment. You are like the man who found the magic bottle on the beach. You rubbed the bottle and a genie came out. He says "I grant you three wishes", and your first wish is: "I wish I had the power to grant wishes", the second: "I wish you were stripped of your power to grant wishes", and the third is: "I wish you to be sealed in your bottle forever". Its very simple, kid....if you dont like it here in the horrible and corrupted United States of America, then simple go to that place where things are perfect and everyone believes as you do (pack a BIG lunch, cause you are in for a dissapointment in your search).
Re: U.S.Govt.has No Authority to declare anyone an "Illegal Combatant!!!"
09 Aug 2004
Re:American Citizen:
The Bush Regime didn't declare the Afghanis and foreign nationals they kidnapped in Afghanistan and imprisoned in Guantanamo Bay to be "Illegal U.S.Citizens" - the Bush Regime declared them to be "Illegal Combatants" - which again is a phrase and a dsignation that has no "Legal" meaning or connotation! The Bush Regime could by inference declare anyone (american citizens or foreigners) who protested against them, as a Terrorists or "Illegal Combatant"! This is exactly the kind of Unconstitutional and "Illegal Legislation" that the Bush Nazis have foisted on the world!

As far as the First Amendment goes Thomas Jefferson said that when or if this new (American) system of government becomes corrupted or fails to represent the best interests of a majority of its ciitizens then these citizens have not only the right but the duty to overthrow it!