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	<title>Comments on: Karadzic v Guantanamo Bay detainees: two very different trials</title>
	<atom:link href="http://www.crikey.com.au/2008/08/07/karadzic-v-guantanamo-bay-detainees-two-very-different-trials/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.crikey.com.au/2008/08/07/karadzic-v-guantanamo-bay-detainees-two-very-different-trials/</link>
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		<title>By: Greg Adler</title>
		<link>http://www.crikey.com.au/2008/08/07/karadzic-v-guantanamo-bay-detainees-two-very-different-trials/#comment-4028</link>
		<dc:creator>Greg Adler</dc:creator>
		<pubDate>Thu, 01 Jan 1970 10:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-4028</guid>
		<description>It&#039;s a great shame that Irfan Yusuf undermines his dissection of the horrors of Guantanamo Bay by falling hook line and sinker for the claim that the victors court in The Hague is  a citadel of ustice.&lt;br /&gt;&lt;br /&gt;Irfan unfortunately aggravates his offence by labelling Karadzic as a &quot;war criminal &quot; before even this tribunal has heard any evidence. As a criminal defence lawyer I reject such an approach.&lt;br /&gt;&lt;br /&gt;Of, course, Irfan may have been talking as a realist accepting the inevitability that this court will find Karadzic guilty unless it psychologically harrasses him to death as it did to Milosevic.&lt;br /&gt;&lt;br /&gt;By the way Irafn -mate you really need to stay at different hotels if you truly think the depressing lttle(15 sq m) cell Kaadzic is in is anything like a 5 star hotel.&lt;br /&gt;&lt;br /&gt;Greg Adler</description>
		<content:encoded><![CDATA[<p>It&#8217;s a great shame that Irfan Yusuf undermines his dissection of the horrors of Guantanamo Bay by falling hook line and sinker for the claim that the victors court in The Hague is  a citadel of ustice.</p>
<p>Irfan unfortunately aggravates his offence by labelling Karadzic as a &#8220;war criminal &#8221; before even this tribunal has heard any evidence. As a criminal defence lawyer I reject such an approach.</p>
<p>Of, course, Irfan may have been talking as a realist accepting the inevitability that this court will find Karadzic guilty unless it psychologically harrasses him to death as it did to Milosevic.</p>
<p>By the way Irafn -mate you really need to stay at different hotels if you truly think the depressing lttle(15 sq m) cell Kaadzic is in is anything like a 5 star hotel.</p>
<p>Greg Adler</p>
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		<title>By: Ben Gilna</title>
		<link>http://www.crikey.com.au/2008/08/07/karadzic-v-guantanamo-bay-detainees-two-very-different-trials/#comment-4029</link>
		<dc:creator>Ben Gilna</dc:creator>
		<pubDate>Thu, 01 Jan 1970 10:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-4029</guid>
		<description>Look, I know there are complicated arguments behind all of this, but I am still dumbfounded at some deep level: someone fighting a war on one side (the home side) can be &#039;justly&#039; tried by the legal standards of the other (the invader, no less)? &lt;br /&gt;&lt;br /&gt;I submit myself to the law of the land I live in because I made that choice. That&#039;s different for invasion. And its also different for genocide.&lt;br /&gt;&lt;br /&gt;The Hague is an extension of a hegemony of &#039;universal&#039; human rights. I tend to agree with them, so I can stomach that okay.&lt;br /&gt;&lt;br /&gt;The military trial at Guantanamo is an extension of a claim that the US&#039;s values are universally applicable. I can&#039;t stomach that. (Even though I&#039;m no fan of the Taliban - but go see &#039;Charlie&#039;s War&#039; for an entertaining hint at a backstory).&lt;br /&gt;&lt;br /&gt;There&#039;s a lot of criticism about the procedural fairness of these various trials. But where is the decrying of blindingly obvious elephant in the room - the basic rationale of these systems of justice? &lt;br /&gt;&lt;br /&gt;Guantanamo is a travesty of principle. It represents a dangerous arrogance: dangerous in what it says about the responsible nation; dangerous in the weakness and acquiescence of the rest of the world in (failure in) opposing it, and; dangerous in the confusion it generates, that undermines more worthy systems (imperfect though they may be) like the International Court.&lt;br /&gt;&lt;br /&gt;Sure, sure, we&#039;re all worldly cynics, we know this - but we have already lost if we don&#039;t continue to say it. Look at Ghandi - he made great progress by stating the bleeding, unjust, obvious.</description>
		<content:encoded><![CDATA[<p>Look, I know there are complicated arguments behind all of this, but I am still dumbfounded at some deep level: someone fighting a war on one side (the home side) can be &#8216;justly&#8217; tried by the legal standards of the other (the invader, no less)? </p>
<p>I submit myself to the law of the land I live in because I made that choice. That&#8217;s different for invasion. And its also different for genocide.</p>
<p>The Hague is an extension of a hegemony of &#8216;universal&#8217; human rights. I tend to agree with them, so I can stomach that okay.</p>
<p>The military trial at Guantanamo is an extension of a claim that the US&#8217;s values are universally applicable. I can&#8217;t stomach that. (Even though I&#8217;m no fan of the Taliban - but go see &#8216;Charlie&#8217;s War&#8217; for an entertaining hint at a backstory).</p>
<p>There&#8217;s a lot of criticism about the procedural fairness of these various trials. But where is the decrying of blindingly obvious elephant in the room - the basic rationale of these systems of justice? </p>
<p>Guantanamo is a travesty of principle. It represents a dangerous arrogance: dangerous in what it says about the responsible nation; dangerous in the weakness and acquiescence of the rest of the world in (failure in) opposing it, and; dangerous in the confusion it generates, that undermines more worthy systems (imperfect though they may be) like the International Court.</p>
<p>Sure, sure, we&#8217;re all worldly cynics, we know this - but we have already lost if we don&#8217;t continue to say it. Look at Ghandi - he made great progress by stating the bleeding, unjust, obvious.</p>
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		<title>By: Shane</title>
		<link>http://www.crikey.com.au/2008/08/07/karadzic-v-guantanamo-bay-detainees-two-very-different-trials/#comment-4030</link>
		<dc:creator>Shane</dc:creator>
		<pubDate>Thu, 01 Jan 1970 10:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-4030</guid>
		<description>It seems that we have &#039;good&#039; and &#039;bad&#039; villains in our justice systems. Hun Sen, Hasim Thaci, Naser Oric, Izetbegovic are &#039;good&#039; ones. And Osama Bin Laden does not seem to attract much attention any more. &lt;br /&gt;His driver does.&lt;br /&gt;Just wondering if the Rwanda&#039;s government is able to get the French to the Hague to testify after the claim that the French government somehow contributed to the genocide of Tutsi.  And who is to decide whom should we bring to justice?&lt;br /&gt;As long as any national (USA) or international (Hague) Tribunals bring to &#039;justice&#039; selective villains or suspects  there is no much hope for any justice, and the innocent civillians will continue to get killed.</description>
		<content:encoded><![CDATA[<p>It seems that we have &#8216;good&#8217; and &#8216;bad&#8217; villains in our justice systems. Hun Sen, Hasim Thaci, Naser Oric, Izetbegovic are &#8216;good&#8217; ones. And Osama Bin Laden does not seem to attract much attention any more. <br />His driver does.<br />Just wondering if the Rwanda&#8217;s government is able to get the French to the Hague to testify after the claim that the French government somehow contributed to the genocide of Tutsi.  And who is to decide whom should we bring to justice?<br />As long as any national (USA) or international (Hague) Tribunals bring to &#8216;justice&#8217; selective villains or suspects  there is no much hope for any justice, and the innocent civillians will continue to get killed.</p>
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		<title>By: Tim</title>
		<link>http://www.crikey.com.au/2008/08/07/karadzic-v-guantanamo-bay-detainees-two-very-different-trials/#comment-4031</link>
		<dc:creator>Tim</dc:creator>
		<pubDate>Thu, 01 Jan 1970 10:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-4031</guid>
		<description>Interesting argument. If you are old enough to point an AK47 at uniformed soldiers, or even willingly become/support bombing of innocent civilians, should our legal system treat you any differently from an adult?</description>
		<content:encoded><![CDATA[<p>Interesting argument. If you are old enough to point an AK47 at uniformed soldiers, or even willingly become/support bombing of innocent civilians, should our legal system treat you any differently from an adult?</p>
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