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Author Topic:   The US Gov't is Guilty of Murder
onifre
Member (Idle past 2980 days)
Posts: 4854
From: Dark Side of the Moon
Joined: 02-20-2008


(1)
Message 196 of 318 (673009)
09-13-2012 8:57 AM
Reply to: Message 158 by ringo
09-12-2012 1:20 PM


Re: Accidents
I think your idea of fencing off the battlefields and plastering everywhere else with "No Fighting" signs is at least as silly as disbanding armies.
With the "War on Terror" idea, anyone, anywhere, can be classified as a terrorist and drone attacks can follow. Doing so makes the risk of civilian casualty inevitable, forces a massive blowback, and that in turn brings it back to what the root cause of 9/11 was and the reasons being used to justify the current drone attacks. It's an endless circle of killing.
It is unrealistic to think you can fence off battlefields, sure, but the "leaders" here in US feel ANYWHERE can be a war zone so long as they say so - and that's not right either.
- Oni

This message is a reply to:
 Message 158 by ringo, posted 09-12-2012 1:20 PM ringo has replied

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Dogmafood
Member (Idle past 378 days)
Posts: 1815
From: Ontario Canada
Joined: 08-04-2010


Message 197 of 318 (673011)
09-13-2012 9:23 AM
Reply to: Message 193 by crashfrog
09-13-2012 7:38 AM


Re: Jurisdiction
A violation of what?
Human rights.
By what law do you arrest people who aren't subject to your jurisdiction?
Yeah I have no idea but if you have the legal right to blow someone up I would think that you have the legal right to arrest them.
My overriding argument is this. We make up our own rules so why not make some that more accurately reflect our desire to be civilized? It is not even that much. All we have to do is interpret the laws that we already have in such a way. When I quoted Rome Statute of the International Criminal Court, 17 July 1998 I left out articles
(i) Wilful killing;
and
(iii) Wilfully causing great suffering, or serious injury to body or health;
It has long been recognized that the object of war is not to kill your enemy but rather to subdue him.
Again, the argument that we have been slaughtering each other legally for millennia is no argument in support of continuing to do so.

This message is a reply to:
 Message 193 by crashfrog, posted 09-13-2012 7:38 AM crashfrog has replied

Replies to this message:
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Dogmafood
Member (Idle past 378 days)
Posts: 1815
From: Ontario Canada
Joined: 08-04-2010


(3)
Message 198 of 318 (673013)
09-13-2012 9:26 AM
Reply to: Message 192 by Panda
09-13-2012 5:17 AM


Re: Accidents
The word I think that you are looking for is "negligence".
Yes, the word that we should be using is negligence and not accident.
Say we have a CIA agent driving into work. His bluetooth is broken so he uses his old cell phone to call in an air strike on a restaurant in Pakistan. He is distracted by his phone call and causes an accident that kills a mother and child. The air strike also kills a mother and child along with the intended target. The accidental deaths on the highway are manslaughter but the accidental deaths in the restaurant are only an accident. This seems off to me.
And these "accidental deaths" are a world away from "murder" and "war crimes".
Not a world away just a word away.

This message is a reply to:
 Message 192 by Panda, posted 09-13-2012 5:17 AM Panda has replied

Replies to this message:
 Message 200 by Panda, posted 09-13-2012 9:48 AM Dogmafood has replied

  
NoNukes
Inactive Member


(3)
Message 199 of 318 (673014)
09-13-2012 9:43 AM
Reply to: Message 192 by Panda
09-13-2012 5:17 AM


Re: Accidents
The word I think that you are looking for is "negligence".
Perhaps this point is clear to everyone, but there are different classes of negligence. Just calling something negligence does not place an act in the "do not prosecute as muder" category.
I think it is important to distinguish criminal negligence from the ordinary negligence involved in things like car accidents caused by driver error. "Ordinary Negligence" would be the appropriate characterization if the drone operator (or the person giving the order to fire) had some good reason to believe that the missile was not going to kill the non-combatants and innocents present at the wedding.
But there is no such hope or reason to believe that children and great-grand parents aren't going to be killed when that missile hits. In fact, it is just as likely that the target will escape as it is that an innocent death will be avoided. So rather that a failure to act with the proper care, which would constitute ordinary negligence, we have indifference to the fact, known and appreciated before firing, that innocent people are going to be killed.
In short calling the collateral deaths accidents is absolutely a false characterization. Collateral deaths are simply considered incidental, and cannot be justified as negligence. In a criminal context, a similar mental state would constitute reckless indifference, which would allow manslaughter or second degree murder charge to be brought. If the deaths occurred when during commission of a felony, capital murder charges would be appropriate.
Lest someone latch onto the fact that manslaughter is not murder, remember that we are talking about a "manslaughter" as a plan of action. In a criminal context, such a campaign would surely be murder.
When considering all types of negligence, we do take into account the mental state and circumstances of the accused. When a soldier is in harms way, we don't expect the soldier to make calm decisions and perfect judgments when his life is at stake if he makes an error. IMO, it is reasonable not to give the remote drone operator sitting in a cubicle the same consideration.
But negligence does not mean intentional nor targeted.
True. Negligence doesn't mean that. But murder does not require a specific intent to target or kill the victim. Instead the act leading to the deaths was surely intentional and intended or expected to create a large radius death zone. We aren't talking about accidentally leaving duct tape over some air vents and causing a crash. We're talking about deliberately firing a missile at a target knowing that only a fraction of the people who will be killed are suspected of being terrorists. But the person ordering the strike simply doesn't give a hoot about the collateral deaths.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)
The apathy of the people is enough to make every statue leap from its pedestal and hasten the resurrection of the dead. William Lloyd Garrison.
Choose silence of all virtues, for by it you hear other men's imperfections, and conceal your own. George Bernard Shaw

This message is a reply to:
 Message 192 by Panda, posted 09-13-2012 5:17 AM Panda has replied

Replies to this message:
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 Message 202 by jar, posted 09-13-2012 9:55 AM NoNukes has not replied

  
Panda
Member (Idle past 3742 days)
Posts: 2688
From: UK
Joined: 10-04-2010


Message 200 of 318 (673015)
09-13-2012 9:48 AM
Reply to: Message 198 by Dogmafood
09-13-2012 9:26 AM


Re: Accidents
Dogmafood writes:
Yes, the word that we should be using is negligence and not accident.
Just to clarify: they are not mutually exclusive.
You can accidentally hurt someone due to negligence.
You cannot intentionally hurt someone due to negligence.
DogmaFood writes:
Say we have a CIA agent driving into work. His bluetooth is broken so he uses his old cell phone to call in an air strike on a restaurant in Pakistan. He is distracted by his phone call and causes an accident that kills a mother and child. The air strike also kills a mother and child along with the intended target. The accidental deaths on the highway are manslaughter but the accidental deaths in the restaurant are only an accident.
But you would prefer:
Say we have a CIA agent driving into work. His bluetooth is working so he uses it to call in an air strike on a restaurant in Pakistan. The air strike kills a mother and child along with the intended target. The CIA agent is arrested for manslaughter.
After that arrest all other 'front-line' CIA agents would quit their jobs.
And then all other front-line soldiers would quit.
No soldier will fight in a war if accidental deaths would get them imprisoned.
No soldiers = no army.
DogmaFood writes:
This seems off to me
But the only alternatives you have provided are either:
a) Never go to war
b) Force the army to disband
(both of which have similar results).
DogmaFood writes:
Not a world away just a word away.
And that word is 'lightyears'.
Edited by Panda, : No reason given.
Edited by Panda, : No reason given.

"There is no great invention, from fire to flying, which has not been hailed as an insult to some god." J. B. S. Haldane

This message is a reply to:
 Message 198 by Dogmafood, posted 09-13-2012 9:26 AM Dogmafood has replied

Replies to this message:
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Panda
Member (Idle past 3742 days)
Posts: 2688
From: UK
Joined: 10-04-2010


Message 201 of 318 (673016)
09-13-2012 9:53 AM
Reply to: Message 199 by NoNukes
09-13-2012 9:43 AM


Re: Accidents
See my reply to DogmaFood.
You are demanding the same impossible standards of soldiers.
Edited by Panda, : No reason given.
Edited by Panda, : No reason given.
Edited by Panda, : No reason given.

"There is no great invention, from fire to flying, which has not been hailed as an insult to some god." J. B. S. Haldane

This message is a reply to:
 Message 199 by NoNukes, posted 09-13-2012 9:43 AM NoNukes has not replied

  
jar
Member (Idle past 424 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


Message 202 of 318 (673017)
09-13-2012 9:55 AM
Reply to: Message 199 by NoNukes
09-13-2012 9:43 AM


Re: Accidents
We're talking about deliberately firing a missile at a target knowing that only a fraction of the people who will be killed are suspected of being terrorists. But the person ordering the strike simply doesn't give a hoot about the collateral deaths.
Do you have any evidence to support either of those assertions?
And are either of them even relevant?

Anyone so limited that they can only spell a word one way is severely handicapped!

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Replies to this message:
 Message 203 by Panda, posted 09-13-2012 10:03 AM jar has seen this message but not replied

  
Panda
Member (Idle past 3742 days)
Posts: 2688
From: UK
Joined: 10-04-2010


Message 203 of 318 (673019)
09-13-2012 10:03 AM
Reply to: Message 202 by jar
09-13-2012 9:55 AM


Re: Accidents
jar writes:
Do you have any evidence to support either of those assertions?
You have to remember that in NoNukes' mind, all soldiers are murderous bastards that launch missiles at children while laughing maniacally.
They have no heart nor soul nor conscience. They are just mindless killing machines.
What he wants is soldiers who are perfect omniscient super-beings who are scared of the sight of blood.
Or something like that...

"There is no great invention, from fire to flying, which has not been hailed as an insult to some god." J. B. S. Haldane

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Replies to this message:
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New Cat's Eye
Inactive Member


Message 204 of 318 (673020)
09-13-2012 10:16 AM
Reply to: Message 180 by onifre
09-12-2012 6:46 PM


What anticipated military advantage is the US looking at in relation to Pakistan where the drones on bombing and where the civilians are dying?
The elimination of Taliban and Al-Qaeda leaders.
We are not, as far as I know, at war with Pakistan. Who are we even at war with?
This isn't a conventional internation war. We're not fight against sovereign countries. We're at "war" with the Taliban and Al-Qaeda.
For example, a couple days ago a drone strike killed an Al-Qaeda leader in Yemen. The other 6 people in the car with him also died. (news) But we're not at war with Yemen and it wasn't a war crime.

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New Cat's Eye
Inactive Member


Message 205 of 318 (673021)
09-13-2012 10:24 AM
Reply to: Message 168 by Straggler
09-12-2012 3:40 PM


CS writes:
If the drone attacks are not clearly excessive in relation to the anticipated military advantage of them, then they don't violate it.
Out of interest - Who assesses the anticipated military advantage?
The military.
I don't the protocols or anything, nor how the international court would go about receiving a case against a particular attack.
But the spirit of the law is against just blowing the shit out of a region willy-nilly without even trying to reach some kind of military goal.
These drone strikes are not that.

This message is a reply to:
 Message 168 by Straggler, posted 09-12-2012 3:40 PM Straggler has replied

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New Cat's Eye
Inactive Member


Message 206 of 318 (673022)
09-13-2012 10:31 AM
Reply to: Message 165 by dronestar
09-12-2012 3:26 PM


Re: I know a war crime when I see it.
You still do not want to acknowledge that blowbacks are a consequence of doing criminal/immoral actions. The following picture shows one such blowback. To continue the drones will inevitably cause another severe blowback and greatly put the world at risk for more 'terrorist' attacks. We KNOW this. It HAS happened (review the picture below). That IS the cost of drone use. You are apparently considering that the following consequence is still the lesser evil conclusions of drone use.
I can't be both counting it and not counting it. You were right the first time: I don't consider the blowback as a part of the cost of the action. It an indirect result that isn't necessitated.

This message is a reply to:
 Message 165 by dronestar, posted 09-12-2012 3:26 PM dronestar has replied

Replies to this message:
 Message 208 by dronestar, posted 09-13-2012 10:42 AM New Cat's Eye has replied

  
dronestar
Member
Posts: 1417
From: usa
Joined: 11-19-2008
Member Rating: 7.0


Message 207 of 318 (673023)
09-13-2012 10:37 AM
Reply to: Message 205 by New Cat's Eye
09-13-2012 10:24 AM


CS writes:
But the spirit of the law is against just blowing the shit out of a region willy-nilly without even trying to reach some kind of military goal.
The american military budget is about 1.2 TRILLION dollars a year (including hidden costs). The profits from escalating drone missile use are rising dramatically. Yes, I agree with you, there certainly is some kind of military goal.

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dronestar
Member
Posts: 1417
From: usa
Joined: 11-19-2008
Member Rating: 7.0


Message 208 of 318 (673024)
09-13-2012 10:42 AM
Reply to: Message 206 by New Cat's Eye
09-13-2012 10:31 AM


Re: I know a war crime when I see it.
CS writes:
I can't be both counting it and not counting it. You were right the first time: I don't consider the blowback as a part of the cost of the action. It an indirect result that isn't necessitated.
"It an indirect result that isn't necessitated."
You are sounding like Mod when he is being careful to not make a clear point.
I would like a simple answer. Why did the terrorists cause the attacks on 9/11? Do you believe what Bush Jr. and Tony Blair said, that the reason is because the terrorists hate our freedom?
Edited by dronester, : "?"

This message is a reply to:
 Message 206 by New Cat's Eye, posted 09-13-2012 10:31 AM New Cat's Eye has replied

Replies to this message:
 Message 209 by New Cat's Eye, posted 09-13-2012 10:47 AM dronestar has replied

  
New Cat's Eye
Inactive Member


Message 209 of 318 (673025)
09-13-2012 10:47 AM
Reply to: Message 208 by dronestar
09-13-2012 10:42 AM


Re: I know a war crime when I see it.
"It an indirect result that isn't necessitated."
You are sounding like Mod when he is being careful to not make a clear point.
Which part is confusing you and unclear?
The drone strike that killed the Al-Qaeda leader also had the cost of the 6 people in the car with him. If his cousin decides to kill some other people in a few months because of it, then I am not counting that as part of the cost.
I would like a simple answer. Why did the terrorists cause the attacks on 9/11. Do you believe what Bush Jr. and Tony Blair said, that the reason is because the terrorists hate our freedom?
I don't know why they did it.

This message is a reply to:
 Message 208 by dronestar, posted 09-13-2012 10:42 AM dronestar has replied

Replies to this message:
 Message 210 by dronestar, posted 09-13-2012 11:04 AM New Cat's Eye has replied

  
dronestar
Member
Posts: 1417
From: usa
Joined: 11-19-2008
Member Rating: 7.0


Message 210 of 318 (673027)
09-13-2012 11:04 AM
Reply to: Message 209 by New Cat's Eye
09-13-2012 10:47 AM


Re: I know a war crime when I see it.
CS writes:
The drone strike that killed the Al-Qaeda leader also had the cost of the 6 people in the car with him. If his cousin decides to kill some other people in a few months because of it, then I am not counting that as part of the cost.
Well, since the cousin's action may directly impact your family or friend's life, why wouldn't it be a good idea to consider blowback? I understand you may not care about people living thousands of kilometers away, but don't you at least care about your family and friends?
quote:
I don't know why they did it.
I am nearly speechless. You are advocating violence for no known reason?

This message is a reply to:
 Message 209 by New Cat's Eye, posted 09-13-2012 10:47 AM New Cat's Eye has replied

Replies to this message:
 Message 212 by New Cat's Eye, posted 09-13-2012 11:17 AM dronestar has replied

  
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