Originally posted by: Fern
Originally posted by: Craig234
Originally posted by: syzygy
we should first try to ascertain what happened.
So, take the suspects in custody and try to ascertain what happened.
Like the US is leaving suspects free while it investigates them?
I know some enhanced interrogation techniques the Iraqis can use. Almost guaranteed, no killing or failure of major organs will occur. Any problem with that, righties?
Wow, this post demostrates some seriously confused thinking and a complete and utter lack of comprehension of the legal framework employed by the USA.
First is wholesale mixing on your part of apples and oranges - terrorism and potential alleged crimes of BW.
BW, AFAIK, is not accused of terorism; rather, a crime.
Taking suspects in custody and trying to acertain what happened is acceptable if you fall into the war/terrorism category. It's only been disputed in US courts when the alleged perp was a US citizen and first caputured by civilian law enforcement (Padilla case, the dispute is between the 4th and the 2nd curciut IIRC).
Otherwise when criminal law violations are asserted/suspected, we here in the US have an accusatory process as contrasted with a investigative process. According, we are quite limited in our ability to retain accussed during any investigative process. We need charges filed, an indictment etc. THen there's the whole habeaus corpor and bail stuff that applies in the criminal law domain, but not war/terrorism (again as affirmed by the courts).
In an investigatory system people are allowed to be held during the investigation phase (e.g., Aruba legal system). That's not applicable here.
Then you demonstrate confusion with interrogations techniques legally employed in the criminal law area, and those in the war/terrorism area.
In criminal law, innocent until proven guilty is the applicable standard many us you seem inclined to throw under the bus here. Bad form, IMO.
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I'm not sure what is motivating the Iraqi government here. Some might say civilain deaths, but that's nothing new. Order #7 (or whatver it is) seems to give them the right to receind the amnesty provision, but they haven't done that yet still wanna try these people in Iraqi court? Odd. Then they want some huge payment for the deaths, the amount is atronomical and seems unwarrented by any standards that I'm familiar with (notwithstanding Alabama courts & juries).
Unless the Iraqi goverment's objective is to get us to leave (which they could do by requesting such), I fail to see hwat they hope to achive unless some home country politics. If they bar BW from Iraq, which is possible, I would guess the individual emplyees would just be hired by a new company. Not much would change other the BW owners would lose money (unless they reformed a new company and continued their participation ubder a new entity etc).
They could be trying to get the Admin to stop suporting the Sunni side? Maliki is Shia etc.
IMO, if they are going to be on trial it needs to be here. But that's likely to be a debacle, chain of custody and standards of evidence etc.
Fern