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Korean-American Prof Wrote "torture memo"
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Real Reality



Joined: 10 Jan 2003
Location: Seoul

PostPosted: Wed Sep 14, 2005 3:16 am    Post subject: Korean-American Prof Wrote "torture memo" Reply with quote

Korean-American Professor Provides Grounds for Bush Foreign Policy
The Wall Street Journal (WSJ) reported on September 12 that John Yoo (38, photo), a Korean-American law professor of the University of California, Berkeley (UCB), has emerged as a core conservative theorist, offering theoretical grounds to the foreign policy of the George W. Bush administration.

Yoo wrote the so-called "torture memo" which says there is no need to apply the Geneva Convention to terrorists when he was working for the U.S. Justice Department from 2001 to 2003. His logic at that time was, "Terrorists are different from general prisoners of war because they are not a country, and they do not conform to international agreements."
by Jong sik Kong, Donga.com (September 14, 2005)
http://english.donga.com/srv/service.php3?biid=2005091460178
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Summer Wine



Joined: 20 Mar 2005
Location: Next to a River

PostPosted: Wed Sep 14, 2005 4:10 am    Post subject: Reply with quote

Quote:
"Terrorists are different from general prisoners of war because they are not a country, and they do not conform to international agreements."


And? Your point or observation on this would be?
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Gopher



Joined: 04 Jun 2005

PostPosted: Wed Sep 14, 2005 4:30 am    Post subject: Reply with quote

Summer Wine wrote:
Quote:
"Terrorists are different from general prisoners of war because they are not a country, and they do not conform to international agreements."


And? Your point or observation on this would be?


One observation might be that, while it's not OK to torture anyone, the Bush Administration is exploiting a valid legal loophole on this issue. And given the nature of this loophole (terrorists don't sign or respect international conventions, either...), it isn't likely to go away anytime soon...

There's a reason these kinds of conflicts are called "dirty wars."
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Summer Wine



Joined: 20 Mar 2005
Location: Next to a River

PostPosted: Wed Sep 14, 2005 4:40 am    Post subject: Reply with quote

Gopher. I picked up on that exact point you made. I was interested in hearing others opinions on it.
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Nowhere Man



Joined: 08 Feb 2004

PostPosted: Wed Sep 14, 2005 4:57 am    Post subject: ... Reply with quote

Quote:
One observation might be that, while it's not OK to torture anyone, the Bush Administration is exploiting a valid legal loophole on this issue. And given the nature of this loophole (terrorists don't sign or respect international conventions, either...), it isn't likely to go away anytime soon...


A valid legal loophole? Who is there to assess its validity? I would describe it as a loophole. Better yet, a gray area. "Validity" would mean that it's not a "gray area".

Shall we pursue a definition? One word: ARAR.

How can we have a "war president" without a war?

Quote:
There's a reason these kinds of conflicts are called "dirty wars."


That explains, but doesn't justify ANYTHING.

It simply makes us "dirty".

I am not by any stretch of the imagination saying that the US is solely responsible for evil on this planet, but I do wonder what we are achieving by undermining the Geneva Conventions.

I think we ARE sending a clear message to the terrorists/insurgents/freedom-fighters for how they should treat our POW's.

Gopher, my nephew is now involved in this mess. I would like all POW's to be treated according the Geneva Conventions. Are we at war or not?
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EFLtrainer



Joined: 04 May 2005

PostPosted: Wed Sep 14, 2005 8:42 pm    Post subject: Re: Korean-American Prof Wrote "torture memo" Reply with quote

Real Reality wrote:
Yoo wrote the so-called "torture memo" which says there is no need to apply the Geneva Convention to terrorists when he was working for the U.S. Justice Department from 2001 to 2003. His logic at that time was, "Terrorists are different from general prisoners of war because they are not a country, and they do not conform to international agreements."
by Jong sik Kong, Donga.com (September 14, 2005)
http://english.donga.com/srv/service.php3?biid=2005091460178


One small problem: the Geneva Convention was an agreement among nations on the issue of human rights. To assume that any person who is part of an organization you don't like has ceased to be human because that organization is not part of a nation's government... is ridiculous.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Thu Sep 15, 2005 9:54 pm    Post subject: Re: Korean-American Prof Wrote "torture memo" Reply with quote

EFLtrainer wrote:
Real Reality wrote:
Yoo wrote the so-called "torture memo" which says there is no need to apply the Geneva Convention to terrorists when he was working for the U.S. Justice Department from 2001 to 2003. His logic at that time was, "Terrorists are different from general prisoners of war because they are not a country, and they do not conform to international agreements."
by Jong sik Kong, Donga.com (September 14, 2005)
http://english.donga.com/srv/service.php3?biid=2005091460178


One small problem: the Geneva Convention was an agreement among nations on the issue of human rights. To assume that any person who is part of an organization you don't like has ceased to be human because that organization is not part of a nation's government... is ridiculous.


No one is saying or assuming "that any person who is part of an organization you don't like has ceased to be human" They are saying that terrorists are not officially recognized as POWS and therefore not covered by the Geneva Conventions. Read the conventions on what characterizes POWS and you will see that these do not apply to terrorists.

But no one has said or suggested that these people (terrorists) have ceased to be human. THAT is absolutely ridiculous and more to the point it is untrue.
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EFLtrainer



Joined: 04 May 2005

PostPosted: Fri Sep 16, 2005 2:22 am    Post subject: Re: Korean-American Prof Wrote "torture memo" Reply with quote

TheUrbanMyth wrote:
They are saying that terrorists are not officially recognized as POWS and therefore not covered by the Geneva Conventions. Read the conventions on what characterizes POWS and you will see that these do not apply to terrorists.

But no one has said or suggested that these people (terrorists) have ceased to be human. THAT is absolutely ridiculous and more to the point it is untrue.


The problem here is that one man's terrorist is another man's freedom fighter. I am not comfortable with that distinction in many cases. So, perhaps the Convention needs revision to reflect current times, or we need to broaden the definitions.

I could have sworn we were involved in "war' in Iraq in the name of the "war" on terror. I am quite certain the US has and will continue to insist any AMerican soldier captured be treated under the Geneva Convention. Sorry, I see this as hypocritical.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Fri Sep 16, 2005 2:35 am    Post subject: Re: Korean-American Prof Wrote "torture memo" Reply with quote

EFLtrainer wrote:
TheUrbanMyth wrote:
They are saying that terrorists are not officially recognized as POWS and therefore not covered by the Geneva Conventions. Read the conventions on what characterizes POWS and you will see that these do not apply to terrorists.

But no one has said or suggested that these people (terrorists) have ceased to be human. THAT is absolutely ridiculous and more to the point it is untrue.


The problem here is that one man's terrorist is another man's freedom fighter. I am not comfortable with that distinction in many cases. So, perhaps the Convention needs revision to reflect current times, or we need to broaden the definitions.

I could have sworn we were involved in "war' in Iraq in the name of the "war" on terror. I am quite certain the US has and will continue to insist any AMerican soldier captured be treated under the Geneva Convention. Sorry, I see this as hypocritical.


Not hypocritical at all. If you had read the Geneva Conventions as they relate to POWS you will see that captured American soliders fit the characterizations of POWS. They wear a uniform, they answer to a common leader, and so forth on and on. The insurgents on the other hand do not. Google and type in Geneva Conventions POWS. This will show you that while American soliders deserve POW status, the insurgents do not.
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igotthisguitar



Joined: 08 Apr 2003
Location: South Korea (Permanent Vacation)

PostPosted: Fri Sep 16, 2005 2:39 am    Post subject: Reply with quote

Canada official: Torture can be tolerated
UPI | September 15 2005

OTTAWA, Sept. 14 (UPI) -- A Canadian official, during a hearing about a Canadian citizen deported to Syria, said the country will cooperate with other nations that practice torture.

The Globe and Mail reports Canadian Security Intelligence Service lawyer Barbara McIsaac said that the government will work on anti-terrorism cases with governments that practice torture if it will save lives.

She was speaking at a commission hearing looking into Maher Arar's allegations that he was tortured while imprisoned in Syria.

The 36-year-old Syrian-born Canadian citizen was detained at New York's Kennedy Airport and deported to Syria despite his Canadian passport.

He claims he was tortured during interrogation there, until he lied that he was trained in Afghanistan by al-Qaida.
Canada was pressing for his release at the same time officials were pressing Syria for anti-terrorist intelligence.

McIsaac said the government now knows Arar was innocent and put the blame on U.S. authorities who deported him.
http://www.sciencedaily.com/upi/?feed=TopNews&article=UPI-1-20050914-20135200-bc-canada-torture.xml
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EFLtrainer



Joined: 04 May 2005

PostPosted: Fri Sep 16, 2005 3:26 am    Post subject: Re: Korean-American Prof Wrote "torture memo" Reply with quote

TheUrbanMyth wrote:
EFLtrainer wrote:
TheUrbanMyth wrote:
They are saying that terrorists are not officially recognized as POWS and therefore not covered by the Geneva Conventions. Read the conventions on what characterizes POWS and you will see that these do not apply to terrorists.

But no one has said or suggested that these people (terrorists) have ceased to be human. THAT is absolutely ridiculous and more to the point it is untrue.


The problem here is that one man's terrorist is another man's freedom fighter. I am not comfortable with that distinction in many cases. So, perhaps the Convention needs revision to reflect current times, or we need to broaden the definitions.

I could have sworn we were involved in "war' in Iraq in the name of the "war" on terror. I am quite certain the US has and will continue to insist any AMerican soldier captured be treated under the Geneva Convention. Sorry, I see this as hypocritical.


Not hypocritical at all. If you had read the Geneva Conventions as they relate to POWS you will see that captured American soliders fit the characterizations of POWS. They wear a uniform, they answer to a common leader, and so forth on and on. The insurgents on the other hand do not. Google and type in Geneva Conventions POWS. This will show you that while American soliders deserve POW status, the insurgents do not.


I have said the convention perhaps needs updating. Thoughts?
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Gopher



Joined: 04 Jun 2005

PostPosted: Fri Sep 16, 2005 4:48 am    Post subject: Reply with quote

EFLtrainer wrote:
I have said the convention perhaps needs updating. Thoughts?


With respect to terrorists being held to it? One word: enforceability.

There are clearly undertandable reasons why, for example, Amnesty could lambast the Fujimori govt in Peru, but had a hard time dealing with Sendero's equal brutality and viciousness...govts are visible and subject to sanctions. Terrorists/freedom fighters/guerrillas are not.
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igotthisguitar



Joined: 08 Apr 2003
Location: South Korea (Permanent Vacation)

PostPosted: Fri Sep 16, 2005 4:51 am    Post subject: Re: Korean-American Prof Wrote "torture memo" Reply with quote

Gopher wrote:
With respect to terrorists being held to it? One word:

Enforceability?

A few more words here:

Arbitrary ... hypocrisy ... double standards.

"Terrorism is the war of the poor. War is the terrorism of the rich."
Leon Uris, Trinity, a Novel of Ireland, 1976
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Summer Wine



Joined: 20 Mar 2005
Location: Next to a River

PostPosted: Fri Sep 16, 2005 5:07 am    Post subject: Reply with quote

Quote:
The problem here is that one man's terrorist is another man's freedom fighter.


That should have always been considered nothing more than "political fig leaves" and politically neccesary BS. It always allowed the "they're good because they ours" or "we don't see nothing, hear nothing or know nothing" fantasy of the 20th Century.

Terrorism, the targeting of civilians for the specific result of terror, doubt of Government, political changes and counter productive actions by Societies, it is really just a fiction to call them freedom fighters. They free you by terrorising you is garbage.

But hey some people like the analogy, its really just a crass way to fight. Honour is in short supply among terrorists and recklessly endangering your supporters in the cause of battle is counter productive.

I am sorry to those who support the "one mans terrorist is another mans freedom fighter", but look at the methods and they should tell you what crap it is.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Fri Sep 16, 2005 7:31 pm    Post subject: Re: Korean-American Prof Wrote "torture memo" Reply with quote

EFLtrainer wrote:
[
The problem here is that one man's terrorist is another man's freedom fighter. ..



If a person is DELIBERATELY targeting civilians with the express purpose of killing them in order to create an atomosphere of terror, then they can not be considered a freedom fighter by any definition
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