Date: Sun, 16 Jun 2002 14:57:46 -0000
From: ericbu@yahoo.com ("ericbu")
Subject: [AZHumanists] Indefinite Detention W/O Charges
To: AZHumanists@yahoogroups.com
Reply-To: AZHumanists@yahoogroups.com


We're hearing more about indefinite detention without charges for 
illegal combatants who either are or are not US citizens (e.g., some 
Camp X-Ray detainees, Padilla). As far as I, a layman in these 
matters, can determine:

1. Most protections of the Geneva Convention, of which the US is a 
signatory, do not cover illegal combatants (combatants who are not 
uniformed military of a nation state) as they would uniformed POWs. 

2. Article 9 of the ICCPR, of which the US is a signatory, applies to 
all:
"Article 9 of the International Covenant on Civil and Political 
Rights (ICCPR) prohibits arbitrary detention, and requires that any 
deprivation of liberty be based on grounds and be regulated by 
procedures established by law. In narrow circumstances, if there is a 
public emergency threatening the life of a nation, a government may 
derogate from its obligation not to engage in arbitrary detention. 
(The United States, which is bound by the ICCPR, has not claimed that 
such circumstances exist.)" 
http://writ.news.findlaw.com/mariner/20020610.html

3.  The Habeas Corpus clause of the US constitution applies to at 
least Padilla because he is a citizen and because it has not been 
legally suspended. 

Does anyone know what law(s) is being used to cover these detentions? 
I confess to being mystified even after some fairly diligent research 
of the matter. I have no sympathy whatsoever for terroists or 
terrorism.  On the contrary, I strongly oppose it. However, terrorism 
has fulfilled one of its chief aims if it compromises our liberty and 
rule of law. I understand and am sympathetic with the need for 
increased security in times of war, but we need to be very careful 
about throwing out the baby of liberty with the bathwater of terror.


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