Author Topic: Get the Courts Out of the Military  (Read 1259 times)

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Offline SSG Snuggle Bunny

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Get the Courts Out of the Military
« on: January 08, 2008, 12:09:52 PM »
This is why, apart from the UCMJ, all military issues are the sole perogative of the president.

Quote
Top soldier speaks out on detainee transfers
Battle against Taliban would 'collapse' under ban, Brigadier-General André Deschamps says
PAUL KORING

From Wednesday's Globe and Mail

December 19, 2007 at 4:39 AM EST

A top military commander says in a sworn affidavit Canadian troops would have to quit fighting the Taliban if they could not hand prisoners over to Afghan authorities.

Listing a long series of possible embarrassments and defeats, Brigadier-General André Deschamps outlined what he says would be the dire consequences, including losing the war, should a Federal Court judge rule in favour of a request by human-rights groups to issue an injunction banning the transfer of detainees to Afghan prisons because of the risk of torture or abuse.

"It strikes me as being unduly alarmist," said Alex Neve, secretary-general of Amnesty International Canada, which along with the British Columbia Civil Liberties Association, is seeking a halt to detainee transfers. Mr. Neve said the government seems to have taken an "all or nothing" position by asserting that a ban on transfers "would be so onerous that it would lead to the collapse of the entire mission."

Gen. Deschamps sketches a variety scenarios. Taliban fighters might surrender in droves, he warns, if they knew Canada would release them because it could not either hold them or transfer them. "The insurgents could attack us with impunity knowing that if they fail to win an engagement they would simply have to surrender and wait for release to resume operations," he said in a sworn affidavit.
 
The document is part of the Harper government's battle against the injunction.

Gen. Deschamps says such an injunction would result in Canadian Forces retreating to secure bases because they "would not be able to capture individuals who pose a threat to the Canadian Forces, our allies or the [International Security Assistance Force] mission."
http://www.theglobeandmail.com/servlet/story/RTGAM.20071219.wdetainee19/BNStory/Afghanistan/home
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