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...the fact that Greenland has every right under international law to simply board criminal flights, extract the passengers and send the empty plane on its way with only the pilot in it.

I dispute the accuracy/usefulness of this statement. My understanding of international law is that only aircraft of a commercial/private, but non-diplomatic, nature can be searched without violation by the receiving State.  Maybe some of the USG flights carrying "detainees" have not been designated as diplomatic, but we can't be sure.

I can swear there ain't no heaven but I pray there ain't no hell. _ Blood Sweat & Tears

by Gringo (stargazing camel at aoldotcom) on Mon Feb 4th, 2008 at 04:07:09 PM EST
[ Parent ]
None of the suspect flights have been designated governmental at all, let alone diplomatic. That's the point. The programme uses private, chartered aircraft.

- Jake

Ceterum censeo Chicago esse delendam

by JakeS (JangoSierra 'at' gmail 'dot' com) on Tue Feb 5th, 2008 at 12:44:15 AM EST
[ Parent ]
Good point. Of course nothing prevents a government from requesting diplomatic status for a chartered aircraft.  I have, in fact, flown on several such.  No, they weren't rendition flights, but how can one be certain which were or were not used for renditions?  

BTW, I see that CIA Director Hayden stated today that the CIA has used "waterboarding" on "only" three persons, all just after 9-11, and on no one within the last 5 years.  

I can swear there ain't no heaven but I pray there ain't no hell. _ Blood Sweat & Tears

by Gringo (stargazing camel at aoldotcom) on Tue Feb 5th, 2008 at 02:50:13 PM EST
[ Parent ]
But in the current political climate, making such requests would be an implicit admission of guilt. More importantly, if the government grants them, they're going to risk crucifiction in the polls if it's seen as a move to protect torturers.

Even if the CIA director's statement is credible, it only pertains to waterboarding, and to the CIA. There are various other forms of torture that have been legalised in the US since 9/11, and the US has a number of client states that are known to torture prisoners. AFAIK, it makes no legal difference whether the CIA tortures people themselves or hands them over to the Egyptian authorities, because Egypt has an appalling record when it comes to torture.

- Jake

Ceterum censeo Chicago esse delendam

by JakeS (JangoSierra 'at' gmail 'dot' com) on Wed Feb 6th, 2008 at 12:49:48 AM EST
[ Parent ]
I have no major disagreement with what you say. I don't think asking for diplomatic status for a flight in any way implies that a crime is about to be committed though.  There are many purposes for a country asking for inviolability.

I can swear there ain't no heaven but I pray there ain't no hell. _ Blood Sweat & Tears
by Gringo (stargazing camel at aoldotcom) on Wed Feb 6th, 2008 at 07:27:48 PM EST
[ Parent ]

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