D. Examine Reasonableness of Expecting Any Privilege or Immunities While Allegedly Knowingly Operating Outside Geneva Protections, And Beyond A Reasonable Expectation of That Shield
Again, the Blackwater employees should have known the following: They were acting outside US laws and Geneva; they were not, as required of lawful combatants, acting under a system of discipline that _was_ consistent with Geneva; and yet were _unreasonably_ expecting to enjoy privileges of promises, immunity, and protections not afforded to similarly situated prisoners at Guantanamo.
Blackwater is asking that it stand on both sides of the aisle in re Geneva and the laws of war: That the laws do not apply to their conduct, but are only applicable when invoking shields. That fence sitting was _not_ a privilege granted to any POW at Guantanamo, but the opposite was true: Despite Geneva being applicable, it was not afforded; and despite protections being required, they were denied. Blackwater wants the opposite: To be outside the laws when it comes to respecting the leash on its use of power; but it wants to enjoy the shields of Geneva despite Blackwatrer not demonstrating it was, at all times, a lawful combatant subjecting itself to legal oversight.
E. Review Appearance of Justice
From what little we know, it appears the US government's problem is the precedent established at Guantanamo; Yet, it asks the world to forget Geneva when it comes to imposing like abuses against the similarly situated combatants under Blackwater. When the world sees this double standard on Geneva, the US support plummets.
F. Review ICC Jurisdiction, Benefits of ICC Adjudication
The way forward is for the US to wash its hands of the mess at Guanatanamo and Blackwater, and subject all US government legal counsel and Blackwater employees to ICC jurisdiction, for The Hague to adjudicate:
- To what extent did US legal counsel deprive POWs of protections;
- To what extent did Blackwater violate the laws of war, and unreasonably rely on legal protections and promises or privileges it was not, as an alleged unlawful combatant, to rely on during an interrogation
The issue isn't narrowly whether Blackwater was or wasn't properly treated, or whether the employees gave evidence they were or were not required to give; but whether the protections under Geneva have or have not been reasonably enforced to all combatants and civilians. The US and Blackwater have, by their actions, allegedly shown contempt for Geneva and laws of warfare, but should be respected by civilized nations.
The US government appears to be tainted: It cannot credibly gather evidence in this legal nexus; nor can it credibly enforce or revoke privileges or protections for one class of prisoners while denying to similarly situated prisoners the same protections and privileges. The way forward is for the US to accept that its legal community has not effectively enforce Geneva; and the civilian leadership want to inconsistently punish some combatants, while rewarding others despite their both engaging in alleged illegal warfare as unlawful combatants. Only the ICC can credibly differentiate between lawful or unlawful combatants at Guantanamo and Blackwater; and only the ICC can maintain an appearance of independence which justice requires. The Hague can decide whether evidence was or was not consistently gleaned through abuse, unlawful means; or obtained despite lawful reuses; or lawfully gleaned despite no reasonable reliance on any promise by the detaining power.
Recommendation
We urge the US to turn over to The Hague the Blackwater defendants; and release to The Hague all POWs held at Guantanamo for adjudication. The Hague can decide whether their detention was or was not lawful; and whether the evidence justifying their continued detention has or has not been a subsequent war crime. Then, The Hague can decide whether Blackwater leadership, US legal counsel, and US civilian policy advisors and civilian leadership should or should not be indicted for permitting, not stopping, or advising of these alleged war crimes.
Again, the Blackwater employees should have known the following: They were acting outside US laws and Geneva; they were not, as required of lawful combatants, acting under a system of discipline that _was_ consistent with Geneva; and yet were _unreasonably_ expecting to enjoy privileges of promises, immunity, and protections not afforded to similarly situated prisoners at Guantanamo.
Blackwater is asking that it stand on both sides of the aisle in re Geneva and the laws of war: That the laws do not apply to their conduct, but are only applicable when invoking shields. That fence sitting was _not_ a privilege granted to any POW at Guantanamo, but the opposite was true: Despite Geneva being applicable, it was not afforded; and despite protections being required, they were denied. Blackwater wants the opposite: To be outside the laws when it comes to respecting the leash on its use of power; but it wants to enjoy the shields of Geneva despite Blackwatrer not demonstrating it was, at all times, a lawful combatant subjecting itself to legal oversight.
E. Review Appearance of Justice
F. Review ICC Jurisdiction, Benefits of ICC Adjudication
The way forward is for the US to wash its hands of the mess at Guanatanamo and Blackwater, and subject all US government legal counsel and Blackwater employees to ICC jurisdiction, for The Hague to adjudicate:
- To what extent did US legal counsel deprive POWs of protections;
- To what extent did Blackwater violate the laws of war, and unreasonably rely on legal protections and promises or privileges it was not, as an alleged unlawful combatant, to rely on during an interrogation
The issue isn't narrowly whether Blackwater was or wasn't properly treated, or whether the employees gave evidence they were or were not required to give; but whether the protections under Geneva have or have not been reasonably enforced to all combatants and civilians. The US and Blackwater have, by their actions, allegedly shown contempt for Geneva and laws of warfare, but should be respected by civilized nations.
The US government appears to be tainted: It cannot credibly gather evidence in this legal nexus; nor can it credibly enforce or revoke privileges or protections for one class of prisoners while denying to similarly situated prisoners the same protections and privileges. The way forward is for the US to accept that its legal community has not effectively enforce Geneva; and the civilian leadership want to inconsistently punish some combatants, while rewarding others despite their both engaging in alleged illegal warfare as unlawful combatants. Only the ICC can credibly differentiate between lawful or unlawful combatants at Guantanamo and Blackwater; and only the ICC can maintain an appearance of independence which justice requires. The Hague can decide whether evidence was or was not consistently gleaned through abuse, unlawful means; or obtained despite lawful reuses; or lawfully gleaned despite no reasonable reliance on any promise by the detaining power.
Recommendation
We urge the US to turn over to The Hague the Blackwater defendants; and release to The Hague all POWs held at Guantanamo for adjudication. The Hague can decide whether their detention was or was not lawful; and whether the evidence justifying their continued detention has or has not been a subsequent war crime. Then, The Hague can decide whether Blackwater leadership, US legal counsel, and US civilian policy advisors and civilian leadership should or should not be indicted for permitting, not stopping, or advising of these alleged war crimes.
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