Will President Obama Fix the Problem?
by
TheAntiFascist
01/21/2009, 12:52 PM #
Howdy
"The Problem" I refer to is the total absence of a legal structure defining proper treatment of terrorist detainees.
Geneva doesn't apply, all it says about irregulars out of uniform with no relation to civilian government authorities, who make war on civilians, is to authorize officers to apply summary justice on the battlefield. Even legal authority to dispatch detainees captured in action against US soldiers with a bullet is tenuous, Geneva assumes such detainees are deserters from actual armies gone pirate.
The US Constitution doesn't apply, these are foreigners, captured on foreign soil, making war on foreign civilians as well as US soldiers.
In the absence of pertinent international law, The Bush administration has created policies and procedures as needed, ad hoc, relying on legal opinions and military necessity, in a back and forth between the legislature, the courts, and the Administration, a process which has often turned treatment of a legitimate national emergency into a political circus.
The UN is too corrupt to engage in a new international convention to fill the void, it is largely inhabited by nations which sponsor, tolerate, or take political advantage of terrorists, they can't even tolerate a legal definition of terrorism, much less create an international convention after the fashion of Geneva to deal with international terrorism.
It has been shocking to observe, even with europeans dying in serial terrorist mass murders for decades, european political leaders have agreed more with terrorist opinion that those darn Americans enjoy too much individual liberty than with the Bush Adminstration's efforts to defend freedom.
That morbid little slice of life is gone now with the inauguration of President Obama. Europeans despised President Bush as a black balled outsider in their socialist community who cost european elite high and mighty types billions by turning off their brisk arms and oil trade with their favorite middle eastern nazi dictator in Iraq.
President Obama does not carry that baggage, backwards europeans who still prefer the enslavement of socialism to the freedom of American liberty idolize President Obama as one of their own, the new President has tremendous support in the US and in the EU, he has a historic opportunity to reach international consensus regarding how justly to treat international terrorism, terrorists, and captured combatants.
We all understand the President campaigned on changing the status quo on fighting the war on terror and handling detainees, he has assumed responsibility over a spackled over patchwork over a huge gap in US and international law that has provoked endless chaos and storms of controversy.
I for one hope he succeeds where President Bush failed, and leads an international coalition in an effort to add a new body of international law, a New Geneva Convention, to deal with the continuing threat of international terrorism.