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View Diary: Obama Said That He Didn't Agree with Much of What Medea Benjamin Said. Well, What Did She Say? (109 comments)

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  •  International treaties are a part of US law as (1+ / 0-)
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    Indiana Bob

    mandated by the Constitution. Article 6, clause 2 "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

    Now drones are banned by treaties signed by the US. Other things banned are "Unlawful combatant". The treaty indicates that a combatant is either a POW or a criminal. If he is a criminal he gets a trial according to the laws of the country whose jurisdiction he is in. If he is not a criminal he is a POW entitled to be treated like a POW. Now Obama has violated this as certainly as Bush did. But even Bush was frightened at the prospect of using drones. The legal response to Al Walki was to arrest him and try him. Risky, yes but that is the law. Period. Or we are an outlaw nation that needs to be brought to justice ourselves.

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