Let the executions begin

By Craig R. Smith

On June 29, the United States Supreme Court, in its usual weird wisdom, cleared the way for the execution of 14 detainees that were to be brought before a tribunal for their links to terrorists and terrorist acts. In the 5-3 decision and a stroke of the pen, the justices found, in essence, that the detainees have the rights afforded normal signatories to the Geneva Conventions, and that is just fine with me. May the executions begin today? Before you think I have lost my mind, let me explain.

The court ruled that the plan to use tribunals, in the case of Salim Hamdan, is a violation of the U.S. Military Code of Justice and the Geneva Conventions in dealing with detainees. Hamdan, currently detained at Gitmo, is accused of delivering weapons to al-Qaida and being a guard for Osama bin Laden. Now that the court sees Hamdan and apparently the other detainees as “prisoners of war” under the Geneva Conventions, they should be afforded all the conditions of the Geneva Conventions – not just the current provisions such as clean rooms, special dietary meals and free religious practices.

If you’ve never read the Geneva Conventions, I suggest you do so. It is a fascinating document. Henri Dunant, the founder of the Red Cross, inspired the Conventions in 1864. It went through additions in 1929 and 1949. In 1949, the Geneva Conventions extended protections to those shipwrecked at sea and civilians. It is the four Geneva Conventions of 1949 that are most referred to when dealing with modern day conflicts.

There is an article in Geneva Conventions IV that should be applied immediately given the Supreme Court ruling. I see it only fair now that the detainees have all the provisions of the Conventions afforded them that we not fall into the trap of picking and choosing which ones apply. All or none.

Here is the article direct from the Conventions that needs immediate attention:

Article 68. Protected persons who commit an offense which is solely intended to harm the Occupying Power, but which does not constitute an attempt on the life or limb of members of the occupying forces or administration, nor a grave collective danger, nor seriously damage the property of the occupying forces or administration or the installations used by them, shall be liable to internment or simple imprisonment, provided the duration of such internment or imprisonment is proportionate to the offense committed. Furthermore, internment or imprisonment shall, for such offenses, be the only measure adopted for depriving protected persons of liberty. The courts provided for under Article 66 of the present Convention may at their discretion convert a sentence of imprisonment to one of internment for the same period.

The penal provisions promulgated by the Occupying Power in accordance with Articles 64 and 65 may impose the death penalty against a protected person only in cases where the person is guilty of espionage, of serious acts of sabotage against the military installations of the Occupying Power or of intentional offenses which have caused the death of one or more persons, provided that such offenses were punishable by death under the law of the occupied territory in force before the occupation began.

The death penalty may not be pronounced against a protected person unless the attention of the court has been particularly called to the fact that since the accused is not a national of the Occupying Power, he is not bound to it by any duty of allegiance.

In any case, the death penalty may not be pronounced on a protected person who was under 18 years of age at the time of the offense.

So, what is the issue? It is clear as a bell from what I read. The penalty for any “protected person” (i.e., Salim Hamdan), according to the Supreme Court, that is guilty of espionage or sabotage against military installations of the occupying forces (that is U.S. and Coalition forces for my Berkeley readers) is death. Not a clean room, fresh clothing and lamb and rice three times a week. They should receive a date with the hangman’s noose.

This holds true for the 14 other detainees the Bush administration wished to place before a tribunal. I’m not a lawyer but I do have a bit of common sense. The way I read the ruling and the Geneva Conventions, the justices of the Supreme Court just signed these guys’ death warrants. Hallelujah! There may have been great wisdom on behalf of the administration to agree to this insane ruling. It clears the way for this human garbage to get a one-way ticket to Allah tonight. That is if the administration has the stomach to put up with the whining that will come from the left. Man, do they hate this president.

I would encourage our president to abide by the ruling and announce he will sign the order to proceed with the executions. This will allow the legal scholars at the New York Times and CNBC to debate, attack and attempt to find all the loopholes so that one of their heroes (Hamdan) won’t face the executioner. No, that would appear too much like justice.

I can hear the spirit of Tookie screaming from the flames as I write. Hamdan and Tookie. Now that makes a great pair of modern-day deities for the libs to worship. Why, to make a person like Tookie or Hamdan pay for the crimes they committed would not be fair. After all, we Americans brought it on ourselves. It is our fault that Islamic terrorists are killing thousands of innocent people daily and attacking the “occupiers” with car bombs and 747s into tall buildings. All they are doing is fighting the imperialists. I’m so sick of hearing that line of reasoning I could scream. John Kerry and Cindy Sheehan believe we are the terrorists, not al-Qaida. They claim George Bush is a far greater threat then Osama. Heck, Cindy believes Bush is a “bigger” terrorist than OBL. He killed her son after all.

Fact is we are at war. We have an enemy and the time has long passed for us to coddle and offer “rights” to bloodthirsty animals that kill and maim innocent people as a way of life and religious calling. We need to listen to the Geneva Conventions and apply them immediately. The writers knew that those who would use sabotage and espionage would stop at nothing to achieve their goals and must be eliminated in any “humane” war. So let the executions begin, and I promise not to rejoice the way the Arab world did the day 3,000 innocent Americans were slaughtered at the hands of these animals. Time to appease and negotiate? No. Time to execute? YES! It is the law.


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Craig R. Smith

Craig R. Smith is an author, commentator and popular media guest because he instantly engages audiences with his common-sense analyses of local, national and global trends. Serving as CEO of Swiss America for over 25 years, Craig understands that Americans want solid answers to the tough questions and that real leadership begins with servanthood. Craig's most recent book is "Crashing the Dollar: How to Survive a Global Currency Collapse," which he co-authored with Lowell Ponte. For media interviews please call Bronwin Barilla at 800-950-2428. Read more of Craig R. Smith's articles here.