Jihad Legal in Yemen

**Vladimir** · 08-15-2006, 14:45

http://www.johnbatchelorshow.com/article.cfm?id=3936

This is good, excerpts:

Last month a Yemeni judge, sitting on the state's special terrorism court, ruled that 19 defendants who had traveled to Iraq to kill American soldiers and fight alongside al Qaeda there had done nothing wrong.

Judge al-Baadani says that he couldn't have ruled any differently. Yemeni law -- a mixture of British colonial law, local ordinances and Islamic Sharia law -- is murky on the subject of when it is permissible for Yemenis to take up arms with fellow Muslims.

So these men, who went to Iraq to fight American “occupiers” did nothing wrong according to Yemeni law. The same law that is “murky” when it comes to killing Muslims? That statement and the fact that foreign fighters are responsible for some of the more horrific crimes against Iraqis implies that those 19 would have killed anyone who weren’t Muslim enough for their tastes.

These two quotes prove that this guy just doesn’t get it:

He says he has been "shocked" by the criticism of the verdict not just from the embassy, but from his family in the U.S.

According to American law, isn't it OK to fight with people of your own religion against the occupiers?" he asks. "I'd like to visit America to see how the U.S. handles this issue."

I love the rationalization:

Throwing those men in jail would get rid of 19 bad people, but it would make enemies out of 19 million Yemenis.

Oh my hero!

Thank you for saving us from all you Yemeni barbarians. We all know they’re one court case away from taking up the sword of Allah to slay the infidel; ignorant peasants.

Anyone here from Yemen? How do you like how this guy views you?

I like this one the best:

Like most Yemeni men, the judge was dressed in a long white robe and carried a long curved dagger, called a Jambiya, which dangled from an ornately decorated belt.

For some reason Jambiya translates in my mind to Jambalaya and I can picture this guy in a straw hat married to his sister. Here come de judge, here come de judge!

This guy is actually worse than the New England judge that sentenced a child rapist to probation.

**Navaros** · 08-15-2006, 16:06

Of course joining a Jihad is not wrong to Muslims, its a core tenet of their faith.

Total War games even feature Jihads.

Do you guys start thinking "Oh no, I'm doing something wrong" every time you start a Jihad in Total War?

**Ja'chyra** · 08-15-2006, 16:07

I don't get why you're so upset.

As far as I know Yemen isn't a state of the US so why shouldn't they go fight in a cause they believe in?

Now British or US citizens fighting against there own forces is something different.

**Ser Clegane** · 08-15-2006, 16:14

Originally Posted by Navaros

Do you guys start thinking "Oh no, I'm doing something wrong" every time you start a Jihad in Total War?

That's of course a very relevant comparison... :inquistive:

EDIT to add:
[quote=Ja'chyra]As far as I know Yemen isn't a state of the US so why shouldn't they go fight in a cause they believe in?

Now British or US citizens fighting against there own forces is something different.[quote]
An interesting point actually ... would it have been illegal for a US citizen to e.g. fight in Afghanistan against the Russians? Would a US court have thrown such a citizen in jail? (This is an honest question to which I do not know the answer)

**English assassin** · 08-15-2006, 17:01

We did this in another thread. We found out that Germany tried Germans for offences against German law anywhere in the world, whereas the UK (for example and with a few exceptions) doesn't.

However in the UK at least the exceptions include both murder and terrorism, both of which are likely charges if you just take yourself off to a foreign country and start fighting an army there. So yes, I think we would have put such a person in jail.

**Reenk Roink** · 08-15-2006, 17:02

I think US and British citizens fought for Israel in the recent conflict.

http://www.timesonline.co.uk/article...302119,00.html

**Vladimir** · 08-15-2006, 17:04

They’re called mercenaries, no matter how someone tries to glorify them. There are many of them that went from the US to the Balkans during their latest war. I don’t remember the legality of it but yes, it does happen.

However, maybe you missed the part where they said they went to fight along side Al Qaeda. Would it be illegal for an American to go to Chechnya to commit terrorist acts like kill school children?

I think so.

Maybe we need a Pindar ruling on this one.

And Navaros, you're starting to freak me out. Maybe you're just speaking in soundbites but really, chill.

**drone** · 08-15-2006, 17:16

Originally Posted by Ser Clegane

Originally Posted by Ja'chyra

As far as I know Yemen isn't a state of the US so why shouldn't they go fight in a cause they believe in?

Now British or US citizens fighting against there own forces is something different.

An interesting point actually ... would it have been illegal for a US citizen to e.g. fight in Afghanistan against the Russians? Would a US court have thrown such a citizen in jail? (This is an honest question to which I do not know the answer)

I would think that this would be treated similiar to American volunteer involvement in the Spanish Civil War or the Flying Tigers. Not against the law, if I remember correctly, as long as you are on the "correct side"

.

Not sure what the big deal here is. Yemen is a sovereign nation with it's own laws, and is not bound by ours. Illegal actions (i.e. war crimes) performed during this volunteer service should be punished, if applicable, but just shooting at US troops would not be a problem in their minds.

**GoreBag** · 08-15-2006, 19:26

Big deal.

**Samurai Waki** · 08-15-2006, 19:39

Volunteers from other countries happens all the time. So I don't see what the big deal is.

**Navaros** · 08-15-2006, 20:56

Originally Posted by Ser Clegane

That's of course a very relevant comparison... :inquistive:

Of course it is, that's why I made it.

This is a Total War site after all so might as relate what y'all are talking about to the games that you are fans of.

**Ser Clegane** · 08-15-2006, 21:12

Of course there is absolutely no difference between what someone would consider "wrong" in a videogame vs. real life.

**Philippus Flavius Homovallumus** · 08-15-2006, 23:23

If all they're doing is fighting Coalition forces I don't see the problem. So long as they are doing it to free Iraq then aren't doing anything wrong.

The fact that I see the situation differently has no bearing on the rightness of it. However if they are going there to commit terrorist acts then they should be suitably punished.