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there are currently a few folks like Khalid Sheikh Mohammed. The interesting question is whether there is enough evidence not tainted by torture to try them. Contra stormy, there is no rule that suspects who have been tortured can't be put on trial, simply that no evidence derived from torture or evidence derived from evidence derived from torture can be used (the 'fruit of the poisonous tree' doctrine, which incidentally doesn't exist in Germany where evidence indirectly obtained through illegal means is valid)

The Taliban members who have fought against US or Afghan forces post 2002 could also be tried by the Afghan government since from an international law point of view they're members of a violent organization fighting against a sovereign government and allied forces who are there legally. The US could also keep them as POW's without trying them beyond ascertaining that they are indeed Taliban members.

by MarekNYC on Fri Jun 13th, 2008 at 10:31:08 AM EST
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But the whole point of the "illegal combatant" doctrine was to avoid classifying these people as POWs so the US could claim the Geneva Conventions didn't apply, or as criminal to avoid habeas corpus.

It's a little too late for any of these things.

When the capital development of a country becomes a by-product of the activities of a casino, the job is likely to be ill-done. — John M. Keynes

by Migeru (migeru at eurotrib dot com) on Fri Jun 13th, 2008 at 10:34:07 AM EST
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Yeah, well that and 'me tough bastard, no rules apply to me, and I get off on the idea of torturing people, makes me like those Jack Bauer guys'. Psychopathic bastards is more like it. But I was simply pointing out that there are perfectly legal ways of detaining Taliban members, our fucking assholes just prefer not to use them.
by MarekNYC on Fri Jun 13th, 2008 at 11:08:07 AM EST
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Contra stormy, there is no rule that suspects who have been tortured can't be put on trial,

I didn't mean to imply that there was a rule, only that it's unlikely to happen.

by the stormy present (stormypresent aaaaaaat gmail etc) on Fri Jun 13th, 2008 at 10:39:44 AM EST
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Have edited the story now to clarify, sorry for the confusion.
by the stormy present (stormypresent aaaaaaat gmail etc) on Fri Jun 13th, 2008 at 10:52:11 AM EST
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