CIA runs network of secret prisons

[Papewaio]

Afghanistan was not a war. It was a campaing within a war.

When invading france in WW2 did we declare war on france? We declared war on germany. France was part of the equation.

The reason I ask where the declaration of war is... is because many a poster is saying we can keep the prisoners in prison until the war is finished. Well if you are going to finish something, you first have to start it.

Show me the declaration of war and its intent...

[Redleg]

The reason I ask where the declaration of war is... is because many a poster is saying we can keep the prisoners in prison until the war is finished. Well if you are going to finish something, you first have to start it.

Show me the declaration of war and its intent...

Again the United States has established a precedence of fighting wars without a formal declartion of war. It does however issue authorizations for the use of force.

Now which one would you like

107th CONGRESS

1st Session

S. J. RES. 23
To authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States.


IN THE SENATE OF THE UNITED STATES

September 14, 2001
Mr. DASCHLE (for himself and Mr. LOTT) introduced the following joint resolution; which was read twice, considered, read the third time, and passed



--------------------------------------------------------------------------------


JOINT RESOLUTION
To authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States.

Whereas on September 11, 2001, acts of treacherous violence were committed against the United States and its citizens;

Whereas such acts render it both necessary and appropriate that the United States exercise its rights to self-defense and to protect United States citizens both at home and abroad;

Whereas in light of the threat to the national security and foreign policy of the United States posed by these grave acts of violence;

Whereas such acts continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States; and

Whereas the President has authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States; Now, therefore, be it


Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This joint resolution may be cited as the `Authorization for Use of Military Force' .

SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

(a) That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.

(b) War Powers Resolution Requirements-

(1) SPECIFIC STATUTORY AUTHORIZATION- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.

(2) APPLICABILITY OF OTHER REQUIREMENTS- Nothing in this resolution supercedes any requirement of the War Powers Resolution.

[Papewaio]

Is the CIA covered by this? Are they part of the United States Armed Forces?

Or do they have a different set of authority?

As it stands it seems the prisoners don't have a whole lot of rights. Nor does it seem that the innocent until proven guilty idea is being used. Also the idea that Justice should be swift and seen to be done has also been abandoned.

Throwing the baby out with the bathwater...

[Redleg]

Is the CIA covered by this? Are they part of the United States Armed Forces?

I know what I think about the CIA - but that doesn't answer your question. But in short they probably fall within the scope of the authorization of the use of force resolution that passed through Congress.

Or do they have a different set of authority?

They fall under a different chain of command - but still answerable to the same government.

[Slyspy]

First I'd like to say that if someone believes that their government is right to set up prisons abroad with the deliberate intent of circumventing its own laws then it is their call, though it seems strange to me.

A further point may be made on the nature of individuals in these prisons. They need not necessarily be POW (illegal fighters or not). People assume that they are, but what if they are not?

[Hurin_Rules]

The reason I ask where the declaration of war is... is because many a poster is saying we can keep the prisoners in prison until the war is finished. Well if you are going to finish something, you first have to start it.

Exactly.

Is the 'War on Terrorism' and Al Qaeda a war or not?

If it is, then there are rules that apply, such as the Hague and Geneva Conventions. As Redleg has pointed out, some of these are being violated at Guantanamo if this is the case.

If it isn't, then on what legal basis are citizens of other countries being held in secret prisons against their will?