Sunday, May 20, 2007

National laws and the Constitution

 Congress needs to stop pussy footing around with this administration and start impeachment proceedings immediately for the vice president and the president. Congress passed a bill to fund the ill begotten war in Iraq and the president vetoed it. They offered a compromise bill with timelines with a waiver provision and he threatened to veto it. This president has no intention of ever pulling the troops from the Middle East because there is where the Project for the New American Century acolytes told him to put them and to never bring them out.

 

When Nancy Pelosi said that impeachment is off the table for this administration it made me think that she may have something to gain from not impeaching the most criminal administration this country has ever seen. What Nixon did was child’s play compared to this, what Clinton did was careless and stupid compared to this. Nixon wanted to know what the opposition was doing to get elected and Clinton wanted to get a little on the side.

Bush and his minions want to use our military and economic might to take over the Middle East and stay there permanently.

 

They have killed almost 3,500 American service members in the process, they have gotten 25,000 grievously wounded, some of which will never fully recover, and we do not know how many are suffering from mental health and emotional problems because they do not allow those numbers to be seen. There is no telling how many innocent Iraqi civilians have been killed because of this administrations desire to be the rulers of the world. These people are criminally abusing our military and yet our congress is doing nothing to stop them.

 

Their arrogance in doing this is astounding to me as they tell us to mind our own business when we question what they are doing. A good example of this is the situation with Paul Wolfowitz and the World Bank, this man thought that he could just give his female companion a huge raise and cushy position and not have any questions asked. And he was supposed to be the person who stopped the corruption at the World Bank.

 

Vice President Cheney is the person who has master minded this situation in Iraq, wanting to use our brave men and women serving in the United States armed services to line his own pockets with more money than he could possibly spend. He has disrespected their desire to defend America by selling them a bill of goods that only benefits him and  his company, Halliburton with no bid and uncontested contracts.

Here is a prime example of the arrogance of these people in the area of trying to control what our congress can learn about the true nature of what is happening in this war of choice and against a much maligned nation of “Muslim Fanatics”.

Pentagon Restricting Testimony in Congress Blocks Staff Of Lower Rank May 10, 2007 by Bryan Bender, Boston Globe Staff [Excerpt] WASHINGTON -- The Pentagon has placed unprecedented restrictions on who can testify before Congress, reserving the right to bar lower-ranking officers, enlisted soldiers, and career bureaucrats from appearing before oversight committees or having their remarks transcribed, According to the Defense Department documents. The guidelines, described in an April 19 memo to the staff director of the House Armed Services Committee, adds that all field-level officers and enlisted personnel must be "deemed appropriate" by the Department of Defense before they can participate in personal briefings for members of Congress or their staffs; in addition, according to the memo the proceedings must not be recorded

If congress does not have the nerve to stand up to this administration then they should get out of the way of people who do have the nerve and who will not hesitate to use it. This entire government we have currently is undermining everything our constitution says and sets forth as law. I am going to show you some examples;

Article VI. - Debts, Supremacy, Oaths

 

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

 

This is important because we signed onto the Geneva Conventions in 1949 which very explicitly prohibits torture of combatants in any way;

 

In 1882, U.S. President Chester Arthur signed the treaty, making the U.S. the 32nd nation to do so. The U.S. Senate ratified it shortly thereafter. At the same time, the American Association of the Red Cross was formed (many nations had begun to create their own Red Cross organizations in concert with the first Geneva Convention).

 

The second Geneva Convention in 1907 extended protection to wounded armed forces at sea and to shipwreck victims. The third convention in 1929 detailed the humane treatment of prisoners of war. The fourth convention in 1949 revised the previous conventions and addressed the rights of civilians in times of war. This convention is said to be the cornerstone of modern humanitarian law. It was amended in 1977 with two protocols that further protect civilians during wartime and address armed conflicts within a nation.

According to the Red Cross/Red Crescent, the U.S. has signed each of these international agreements. However, a signature does not bind a nation to the treaty unless the document has also been ratified by that nation (in the U.S. , Congress ratifies such treaties). Generally, these treaties are open for signature for a limited time period after they're written. The U.S. ratified all the Geneva Conventions with the exception of the two protocols of 1977.

 

 

Convention (III) relative to the Treatment of Prisoners of War. Geneva , 12 August 1949.

 

Part II. General Protection of Prisoners of War

Art 12. Prisoners of war are in the hands of the enemy Power, but not of the individuals or military units who have captured them. Irrespective of the individual responsibilities that may exist, the Detaining Power is responsible for the treatment given them.

Prisoners of war may only be transferred by the Detaining Power to a Power which is a party to the Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the Convention. When prisoners of war are transferred under such circumstances, responsibility for the application of the Convention rests on the Power accepting them while they are in its custody.

Nevertheless, if that Power fails to carry out the provisions of the Convention in any important respect, the Power by whom the prisoners of war were transferred shall, upon being notified by the Protecting Power, take effective measures to correct the situation or shall request the return of the prisoners of war. Such requests must be complied with.

Art 13. Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the present Convention. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest.

Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity.

Measures of reprisal against prisoners of war are prohibited.

Art 14. Prisoners of war are entitled in all circumstances to respect for their persons and their honour.

Women shall be treated with all the regard due to their sex and shall in all cases benefit by treatment as favourable as that granted to men.

Prisoners of war shall retain the full civil capacity which they enjoyed at the time of their capture. The Detaining Power may not restrict the exercise, either within or without its own territory, of the rights such capacity confers except in so far as the captivity requires.

Art 15. The Power detaining prisoners of war shall be bound to provide free of charge for their maintenance and for the medical attention required by their state of health.

Art 16. Taking into consideration the provisions of the present Convention relating to rank and sex, and subject to any privileged treatment which may be accorded to them by reason of their state of health, age or professional qualifications, all prisoners of war shall be treated alike by the Detaining Power, without any adverse distinction based on race, nationality, religious belief or political opinions, or any other distinction founded on similar criteria.

Part III. Captivity

Section 1. Beginning of Captivity

Art 17. Every prisoner of war, when questioned on the subject, is bound to give only his surname, first names and rank, date of birth, and army, regimental, personal or serial number, or failing this, equivalent information.

If he willfully infringes this rule, he may render himself liable to a restriction of the privileges accorded to his rank or status.

Each Party to a conflict is required to furnish the persons under its jurisdiction who are liable to become prisoners of war, with an identity card showing the owner's surname, first names, rank, army, regimental, personal or serial number or equivalent information, and date of birth. The identity card may, furthermore, bear the signature or the fingerprints, or both, of the owner, and may bear, as well, any other information the Party to the conflict may wish to add concerning persons belonging to its armed forces. As far as possible the card shall measure 6.5 x 10 cm. and shall be issued in duplicate. The identity card shall be shown by the prisoner of war upon demand, but may in no case be taken away from him.

No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind.
Also the law of land warfare which is taught to first time enlistees and officers alike in the Army is being broken by the members of the armed services who commit acts of torture against enemy prisoners of war;

 

FM 27-10

THE LAW OF LAND WARFARE

61. Prisoners of War Defined

A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:

(1) Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer corps forming part of such armed forces.

(2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfill the following conditions:

a) That of being commanded by a person responsible for his subordinates;

(b) That of having a fixed distinctive sign recognizable at a distance;

(c) That of carrying arms openly;

(d) That of conducting their operations in accordance with the laws and customs of war.

(3) Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.

(4) Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model.

(5) Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favorable treatment under any other provisions of international law.

6) Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading force, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.

B. The following shall likewise be treated as prisoners of war under the present Convention:

(1) Persons belonging, or having belonged, to the armed forces of the occupied country, if the occupying Power considers it necessary by reason of such allegiance to intern them, even though it has originally liberated them while hostilities were going on outside the territory it occupies, in particular where such persons have made an unsuccessful attempt to rejoin the armed forces to which they belong and which are engaged in combat, or where they fail to comply with a summons made to them with a view to internment.

(2) The persons belonging to one of the categories enumerated in the present Article, who have been received by neutral or non-belligerent Powers on their territory and whom these Powers are required to intern under international law, without prejudice to any more favorable treatment which these Powers may choose to give and with the exception of Articles 8, 10, 15, 30, fifth paragraph, 58-67, 92, 126 and, where diplomatic relations exist between the Parties to the conflict and the neutral or nonbelligerent Power concerned, those Articles concerning the Protecting Power. Where such diplomatic relations exist, the Parties to a conflict on whom these persons depend shall be allowed to perform towards them the functions of a Protecting Power as provided in the present Convention, without prejudice to the functions which these Parties normally exercise in conformity with diplomatic and consular usage and treaties.

C. This Article shall in no way affect the status of medical personnel and chaplains as provided for in Article 33 of the present Convention. (GPW, art. 4.)

62. Combatants and NoncombatantsThe armed forces of the belligerent parties may consist of combatants and noncombatants. In the case of capture by the enemy, both have a right to be treated as prisoners of war. (HR, art. 3.)

Section III. GENERAL PROTECTION OF PRISONERS OF WAR

89. Humane Treatment of PrisonersPrisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the present Convention. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest.

Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity.

Measures of reprisal against prisoners of war are prohibited. (GPW, art. 13.)

90. Respect for the Person of PrisonersPrisoners of war are entitled in all circumstances to respect for their persons and their honour.

Women shall be treated with all the regard due to their sex and shall in all cases benefit by treatment as favorable as that granted to men.

Prisoners of war shall retain the full civil capacity which they enjoyed at the time of their capture. The Detaining Power may not restrict the exercise, either within or without its own territory, of the rights such capacity confers except in so far as the captivity requires. (GPW, art. 14.)

 

And we now have two republican presidential candidates, Mitt Romney and Rudy Giuliani, advocating law breaking and the complete disregard for our constitution when they say they would allow torture on enemy prisoners of war.

 

So you can plainly see what these people have done is against our constitution and they expect us to sit back and let them do what ever they please. I hope the American people will have the back bone to stand up and force the politicians to obey our laws.

 

Posted by BDT at 00:44:49 | Permanent Link | Comments (1) |
Comments
1 - Sergeant Benderman

I am with the 3rd currently in Iraq. This place is shit. some of my buddies get copies of the GI Special. Best read we've got these days. I read a statement from you in one of the issues and finally had time to get on the internet. Thank you for writing. Our emails are being read, our letters are read it's all crap. Biggest bullshit going and now they're keeping us here three months longer and we're not buying that it isn't going to change again.

YOu're right. This whole mess is over the top bullshit and they can't figure it out. I don't know how long we'll be getting copies of GI Special. I'm pretty sure if they know about it they'll get rid of it to but don't stop writing because you're speaking for me and I'll be standing with you when I do get home.

Jail must have been shit. Right now the Army sucks big time but you're telling the truth.

 (Comment this)

Written by: Gabriel at 2007/05/21 - 23:20:58
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