Constant's pations

If it's more than 30 minutes old, it's not news. It's a blog.

Thursday, January 04, 2007

Affiliated Computer Systems, Lockheed Martin Allegedly Complicit in War Crimes: Prisoner Abuse

DoD Contractors s Use Conyers Defense: Confusion, despite that not being a credible defense. Ref

US DoD Joint Staff informed in early 2002 through 6th Group Ref

Nuremburg is precedent for lawfully executing civilian contractors for war crimes. Whether the UCMJ does or does not apply to contactors is irrelevant. The Geneva Conventions were the governing law after 1949 and applicable to military and civilians.

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The laws of war are clear: Geneva is a requirement.

Congress has the power to impeach for maladministration.

It's the job of the US government to ensure Geneva is implemented fully, regardless whether the US government activity is implemented by a government official or US contractor.

For purposes of Geneva, it is irrelevant what the status of the Contractor is: The Geneva Conventions must be followed. It doesn't matter why there was confusion: The laws of war were not fully enforced or followed.

There is no "gray area" on the laws of war: Geneva is clear. The Department of Justice knew early in 2002 there was a problem, and this information was provided through both the DOJ and DoD reporting channels.

US Army personnel at Ft. Huachuca cannot legally delegate responsibility for Geneva enforcement to no one. No contractor has the legal authority to order anyone to abuse a prisoner; and these orders are not lawful.

___ What got in the way of the Joint Staff and Members of Congress from reviewing these matters?

___ Once the illegal activity was disclosed, why didn't the Members of Congress follow up on the required, but missing, Title 28 and Title 50 exception reports?

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No one can credibly say that these issues are "classified" or "Sensitive" -- they are subject to Geneva, and evidence of illegal activity should have been forwarded through the Commanders to the JAGs and to Congress.

"Confusion over proper roles" is not a credible defense. Geneva is a requirement which contractors, formerly assigned to DoD, knew or should have known were requirements.

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It is a problem when civilian contractors are providing incorrect, misleading, inaccurate, or legally unsound legal advice.

___ What is the status of the "Unauthorized practice of law" investigations by the ABA into the alleged contractor statements on what is or is not lawful?

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___ Regardless the legality or illegality of orders or direction provided, what is the reason the DoD IG and JAGS cannot point to a resolution plan to ensure Geneva was fully enforced?

___ What were the medical qualifications, if any, of the contractors assigned to make judgments about the prisoner health, behavior, the Nuremburg Code compliance or the Geneva Convention compliance?