To be sure, the Supreme Court was wrong in finding that CA3 was pertinent at all, even on the narrow issue of military commissions. By its own terms, CA3 relates only to civil wars, not international conflicts like the global war against jihadists. In addition, the Geneva Conventions themselves provide that alleged treaty violations are to be resolved diplomatically, not by litigation. Treaties are not for cherry-picking. If the Court was going to import any of Geneva into the UCMJ, there was no principled reason to ignore that the treaty’s enforcement mechanisms are not judicial. But even assuming, for argument’s sake, that it was appropriate to resort to CA3 in judging whether terrorist trials satisfied UCMJ standards, that would still not justify resort to CA3 for all purposes of terrorist treatment.The CFR Grooms Future Leaders of North America
There is only one line of logic supporting claims that Hamdan’s invocation of CA3 bears on interrogation standards. And it is an exceedingly dangerous one. It is the conclusion that CA3 rights can be claimed by alien terrorists not because of the UCMJ but due to CA3’s own force under international law.
This is the dream of the internationalist movement the Hudson Institute’s invaluable John Fonte calls transnational progressivism: That because the Constitution makes treaties the supreme law of the land, all terms of a human-rights treaty must be deemed to have the full force of law; that treaty “rights” may be vindicated judicially by individual claimants against any country, including the United States, which has signed the treaty.
Over at Observanda, Tiger picks up on an alarming article in World Net Daily about students from 10 universities in the US, Canada and Mexico attending a mock Parliament which was held in the Mexican Senate in May. Quietly, we are being moved to a new, super nation comprising Mexico, Canada and the United States. Of course, the Council on Foreign Relations is in the middle of all this.
Free trade; all for it. Competing in global markets; all for it. Joining the new super country of "North America." I don't think so....