Tag Archives: Law of Land Warfare

Gitmo Detainees to the U.S.? The New American Islamist Mecca

Posted on by mjgranger

The friends, family and nefarious colleagues of Gitmo detainees would surely follow them were they to be transferred to the United States. Through immigration, migration, or as refugees; as students, asylum seekers or vacationers, they would come.

This photo made during an escorted visit and reviewed by the US military, shows the razor wire-topped fence and a watch tower at the abandoned

This photo made during an escorted visit and reviewed by the US military, shows the razor wire-topped fence and a watch tower at the abandoned “Camp X-Ray” detention facility at the US Naval Station in Guantanamo Bay, Cuba, April 9, 2014. AFP PHOTO/MLADEN ANTONOV (Photo credit should read MLADEN ANTONOV/AFP/Getty Images)

They would come to support and lobby for the release of unlawful combatant detainees. They would wage protests, peaceful and otherwise, and they would wage legal challenges to detainee incarceration. They would demand visitation rights and call for release time and parole.

Wherever detainees would be held would become the new hajj destination, an American Islamist Mecca.

They would probably launch violent attempts to free their brothers, just like they did on April 2, 2004, at the Battle for Abu Ghraib prison in Iraq. This attempt saw several platoon sized elements of insurgents attempt to breach the wall at Abu Ghraib, where hundreds of in-country detainees were being held during Operation Iraqi Freedom.

Blocking positions of improvised explosive devices were placed on avenues of approach to the prison, and two M1-A2 Abrams tanks patrolling near-by were diverted, so we could not quickly reinforce the prison garrison. At least 78 incoming projectiles (rockets and mortars) were tracked into the prison by Marine counter battery radar, yet there were no U.S. deaths in the battle, but over 70 enemy dead.

The garrison of U.S. Marines, some of the finest human beings on planet earth, went out of the prison in armored vehicles twice to kill every single attacker. Two Army AH-60 Apache helicopters finally arrived, but just after the Devil Dogs inside had completed the mission. I witnessed the attack via radio, from the 18th Military Police Brigade Tactical Operations Center at Lost Lake, Camp Victory, Baghdad, Iraq, one night after leaving duty at the prison on April 1, and later viewed insurgent and U.S. video of the attack.

If you bring unlawful combatant Islamists to this country, we will need to be prepared for the same type of attack.

The idea of bringing Gitmo detainees to the U.S. reminds me of three simple but illustrious stories. First, imagine an Islamist version of “If you give a mouse a cookie.”

This story addresses the fact of human nature that altruism does not result in gratefulness; it results in a sense of expectation and entitlement. And in this case, allowing unfettered and flawed immigration, migration and refugees, would result in the aid and comfort of our sworn enemy.

They will always ask for more, and the liberal politically correct media, human rights groups and radicalized Muslims will constantly demand extra-legal privileges, habeas corpus, and other rights that detainees are not entitled to according to the Geneva Conventions and Law of Land Warfare.

CamelsNose03_490

The second story, “The Camel’s Nose,” is similar, and is the example followed by the Left regarding mission creep, or the incremental deterioration of will. They will, like the sheikh portrayed in the story, give in to the braying of those who would destroy us by claiming they are “cold” and need to come in from the chill of the night. Once you allow the camel’s nose into the tent, the rest of his stinky body will surely follow. The enemy is coming, and they are coming in droves. By claiming refugee status they are playing on our generosity and benevolence. We should not even let their nose into the tent!

Secretary of Defense, Donald Rumsfeld, said in early 2002 that he knew the detainees were not entitled to the protections of the Geneva Conventions, but that we would treat them “within the spirit of Geneva.” This American generosity and benevolence afforded basic rights to detainees at the U.S. military detention facility at Guantanamo Bay, Cuba, even though they were not entitled to them.

All Gitmo detainees are at least unlawful combatants, and by international law and the Law of Land Warfare are not entitled to the protections of Geneva. Geneva was written to PROTECT innocent civilians in time of war, NOT to protect those who PRETEND to be civilians in order to murder them. Violators of the Conventions may be shot on sight or prosecuted for war crimes.

Over 660 detainees have been RELEASED from Gitmo, and NONE have been executed, beheaded, hacked to death, blown up, dragged naked and lifeless through the streets or burned alive. All things our enemies have done to us and/or our allies.

At least 30 percent of released Gitmo detainees have returned to the fight as recidivists in the Global War on Terror. My question is, what about the other 70 percent we don’t know about. Where are they? Mixed in with the 200,000 “Syrian” refugees headed our way?

The third story, “The Scorpion and the Frog,” illustrates what our fate would be should we bring Gitmo detainees to the United States with their minions to follow.

A scorpion and a frog meet on the bank of a stream and the

scorpion asks the frog to carry him across on its back. The

frog asks, “How do I know you won’t sting me?” The scorpion

says, “Because if I do, I will die too.”

The frog is satisfied, and they set out, but in midstream,

the scorpion stings the frog. The frog feels the onset of

paralysis and starts to sink, knowing they both will drown,

but has just enough time to gasp “Why?”

Replies the scorpion: “It’s my nature….”

Scorpion and the Frog

It is in the Islamist’s nature to kill you.

They are demonstrating, as they have done since the 7th century, A.D. that all infidels must perish, and if they die in the effort, so be it, they are going to paradise.

Until all Islamists are dead or no longer have the means or will to kill us, we must defend ourselves, and Gitmo is a small price to pay for our safety and security.

But it won’t do us any good if we let free all those who are sworn to murder us. Bringing these enemies to our shores will surely create a new wave of Islamist activity, but this time – directly in our midst.

Don’t give a mouse a cookie, keep your tent closed tightly at night, and never give a ride across the river to a scorpion.

“Fair” Trials for Terrorists Threaten Americans

Posted on by mjgranger

Abu Anas al-Libi, suspected Al-Qaeda leader, was grabbed in a military raid in Libya on Oct. 5. He’s due to stand trial as an accused civilian criminal in a Manhattan Federal Court, where he has been under indictment for more than a decade on charges he helped plan and conduct surveillance for the bombings of U.S. embassies in Africa in 1998, in which 212 people were killed and over 4,000 wounded, including 12 Americans KIA.
When, as an Army Reservist I was activated for duty in 2002, 2003 and 2004, my military orders included the phrase “in support of the Global War on Terror,” and mentioned the atrocities on 9/11/01. Our history of prosecuting war criminals from our first war, through the Civil War and WWII, have been clear and simple, and for over 100 years supported by international law (Geneva Conventions) and our operative version of Geneva, called The Law of Land Warfare, or the modern Army Field Manual 27-10 (http://armypubs.army.mil/doctrine/DR_pubs/dr_a/pdf/fm27_10.pdf). These documents give guidance and regulation to how we treat enemy Prisoners of War (lawful combatants and protected persons), and are clear about not giving legal privileges and protections to those who do not follow the law (unlawful combatants). These documents inform repeatedly that those found in violation of the law can be “prosecuted” and then “executed.”
The Geneva Conventions were written in part to protect innocent civilians in time of war, not to protect those who PRETEND to be civilians in order to MURDER them. It’s not that the Taliban and al Qaeda can’t afford uniforms of their own, one of the requirements in lawful conflict, it’s that they don’t want you to see them coming, and want us to believe they are merely innocent goat herders. It’s as if they want to be able to run onto the ball field from the stands at any time, murder an opposing player, and then disappear back into the crowd. And when security comes to take them away they say “it wasn’t me!” They lawyer up, play the system, and then go back to killing Americans.
Human Rights First (http://www.humanrightsfirst.org/wp-content/uploads/pdf/USLS-Fact-Sheet-Courts.pdf) brags that “Federal civilian criminal courts have convicted nearly 500 individuals on terrorism-related charges since 9/11.” And that “Federal prisons hold more than 300 individuals convicted of terrorism-related offenses.” But they don’t mention what happened to the other nearly 200 convicted terrorists! Can we assume they are free on American soil? If prosecuted and then convicted, could al-Libi be set free someday on Main Street U.S.A.?
At least the over 600 Gitmo detainees who’ve been released so far are not suspected of being on our shores, but the over 28% combined recidivism rate amongst these released Gitmo detainees (http://www.lawfareblog.com/2013/09/september-2013-guantanamo-recidivism-report-from-dni/) is no comfort, especially to the loved ones of those killed in the Benghazi attack (led by former Guantanamo Bay detainee Sufian bin Qumu), which left four Americans dead, including U.S. Ambassador J. Christopher Stevens.
When I was deployed to Guantanamo Bay in early February 2002, just months after 9/11/01, my Army Reserve enemy prisoner of war liaison detachment was prepared to participate in military tribunals to determine the status of Gitmo detainees fresh off of planes from Afghanistan, where most of the first detainees had participated in a deadly but failed prison uprising which claimed the first American life in our retaliation for 9/11, CIA operative Johnny Michael Spann. Instead, the principle of “lawfare,” or the exploitation of the American justice system by detainees, their lawyers, sympathizers and apologists in order to manipulate American political will (which also caused disruption of U.S. military detention operations), took hold.
Today, the Military Commissions Act of 2009, the current legal policies governing the prosecution of accused war criminals in the Global War on Terror, affords unlawful combatant Islamist detainees virtually the SAME RIGHTS as you or I would enjoy were we in a Federal Court of Law (http://www.mc.mil/ABOUTUS/LegalSystemComparison.aspx). Even though the Geneva Conventions and Law of Land Warfare, created to protect innocent civilians during war, offer NO extra-legal privileges for those who break the law.
The Obama administration has taken the disposition of Global War on Terror suspected war criminals to an absurd level, not only allowing them to remain in the stadium, but giving them luxury boxes and rain-check tickets for a repeat performance, and are continuing to put American lives at risk by bringing the latest and greatest al Qaeda suspect to U.S. shores, when he should be at Gitmo receiving a professional interrogation from our best and brightest.
Urban myths about the treatment of Gitmo detainees are now vernacular, especially amongst the “low information” crowd who rarely dig deeper than their news feed sound bites provide, but the truth is that although over 600+ Guantanamo Bay detainees have been released, none have been executed, beheaded, hacked to death, blown up or dragged naked and lifeless through the streets. In contrast, the only U.S. prisoner held by Taliban or al Qaeda believed not to have had his head slowly removed from his body by a long jihadi knife, Army Sgt. Bowe Bergdahl, missing since June, 2009, remains a mystery. Where are Amnesty International, the ACLU and other so-called “human rights” organizations on Sgt. Bergdahl? Why won’t the mainstream media or Barack Hussein Obama even show his face or demand his release?
I know from my 22 years as a military member and over 9 years of service as an Army officer with an enemy prisoner of war liaison detachment, the best way to obtain valuable information from enemy suspects is to convince them that unless they cooperate they will remain in detention. Which, according to the Geneva Conventions is legal. Even lawful combatant POWs may be held, without charge, “until the end of hostilities.” This is not “indefinite detention,” as some would complain; no more indefinite than a baseball game in extra innings. In theory, the game could go on endlessly, but it never does, and neither would unlawful combatant detainees be held “forever.” We need to redouble our efforts to take away our enemy’s means and will to fight and kill us. Until then, the finest military detention facility in the world is ready, willing and able to take care of and provide opportunities for unlawful combatants to help end the Global War on Terror.

Releasing The Enemy Won’t Help Win Our Struggle Against Islamists

Posted on by mjgranger

There has been criticism of the military medical staff at the U.S. military detention facility at Guantanamo Bay, Cuba, over the ordered release earlier this month of Ibrahim Idris, a native of Sudan who has been held as an unlawful combatant at Gitmo for over 11 years.

Idris was captured with al Qaeda fighters in 2001. Shortly after arriving at Guantanamo in 2002, he was diagnosed by a U.S. Army psychiatrist as being schizophrenic. Islamist apologists are seizing on this gesture of humanitarian compassion and practical military efficiency by saying Idris should have been medically released soon after his diagnosis.

What the al Qaeda fighter’s apologists and sympathizers don’t realize is that two entities must recommend release of a detainee who may be suffering from a medical condition which may render him less of a threat to repeat his aggression against the United States, one is the medical command (not just at Gitmo, but at the highest levels of the U.S. Army Medical Department (AMEDD)), and the other is the intelligence command.

Back in 2002, when I was serving at Guantanamo Bay as the ranking AMEDD officer with the Joint Detainee Operations Group (JDOG), Joint Task Force (JTF) 160, I was selected to participate in the very first repatriation of a Gitmo detainee, an Uzbek Afghani national named Abdul Razeq.

We nicknamed Razeq “Wild Bill,” due to his bizarre behavior in Camp X-Ray, where he would take bites out of his flip-flops, hang objects from his genitals, and generally cause frequent verbal disruptions. Eventually, the military medical staff diagnosed Razeq as schizophrenic, but, by his own admission to me, during a long break in his release journey to the Leeward airport at Guantanamo, Razeq offered another source for his symptoms.

Razeq admitted to being a heroin addict who had picked up an AK-47 in the fall of 2001 for the Taliban in order to sustain his habit. Some of the bizarre behavior, as it turned out, was due to his violent withdrawal from his heroin addiction.

But this behavior and diagnosis alone were not sufficient to get him a trip back to Afghanistan. He had to be declared not only a low risk of returning to the enemy, but also had to be determined not to be of any further intelligence value. Lastly, even if these two criteria are established, the country from which the detainee originated, or his national country of origin, must be able and willing to take him back.

The Sudan, in Idris’ case, was not a stable enough place in the past for him to be returned to, and still may not be. The Geneva Conventions stipulate that even lawful combatant Prisoners of War (POWs) may be held without charge, “until the end of hostilities.” During WWII the U.S. held over 400,000 German and Italian lawful combatant POWs without one call for extra legal privileges for them, or for medical releases back to their countries of origin. Even now, with a combined 28.9% recidivism rate (reported by the Director of National Intelligence, September 2013 http://www.lawfareblog.com/2013/09/september-2013-guantanamo-recidivism-report-from-dni/) of confirmed and suspected recidivists amongst released Gitmo detainees, it may not be wise to release any of the Gitmo detainees who aren’t facing war crimes charges in the Military Commissions there.

How much more blood on his hands will it take before the domestic threat of Islamist terror hits home for Barack Hussein Obama (Boston, Ft. Hood, 13 defeated terror plots on Manhattan alone)? How many more recidivists (Abu Sufian bin Qumu, alleged mastermind of the Benghazi jihadi attack, and former Gitmo detainee) will it take before he realizes we are in a war with Islamists who want us all dead and not in a game of “Capture the Flag?”

Idris may be harmless now, and I appreciate why he was released, but why take that chance while the Global War on Terror (GWOT) still rages? This fantasy that Islamist terrorists should be treated like common criminals and then arbitrarily released is literally killing us, and feeding the flames of Arab uprisings and civil wars (Egypt, Syria, et. al.).

Giving up the high ground in the GWOT by abandoning Iraq, in the face of overwhelming success of keeping the peace by keeping troops in the countries we liberated and defeated in WWII, was perhaps the President’s most myopic and deadly foreign policy blunder to date, which has grown from ripples of internal Middle East strife, into a tsunami of destabilization in the region today.

Today, we have troops in over 70 countries in our struggle with Islamists who want to kill us, including Germany, Japan and Italy, countries we defeated in WWII and who are now world economic leaders, peaceful, and prosperous because we stayed, economically and militarily. Leaving Afghanistan would seal the fate of that region to the Iranians, Taliban and al Qaeda, just like throwing Iraq to those wolves has done.

When will we learn from our past in a way that teaches every new generation that the only way to truly defeat an enemy is to take away the means and will for them to fight? Sun Tzu, author of “The Art of War,” said, “100 victories in 100 battles is not the most skillful, subduing the enemy’s military without battle is the most skillful.” We cannot hope to influence the enemy “without battle” if we are not willing to remain close enough to him to do so. And we certainly can’t hope to do that by releasing more than 600 from our military detention facility, only to meet them again on the battlefield and on our streets. “Until the end of hostilities,” is soon enough for me.

Detainees Earned No Extra Legal Privileges

Posted on by mjgranger

Over 400,000 lawful Prisoners of War were held in the United States during World War II without one call for extra legal privileges for them.  Habeas corpus was suspended then for dry foot German saboteurs, who were captured, tried by military commission, and then most executed, all within four weeks time.  Why is it then, when all Americans have been targets for Islamist extremists since the death of Marine CPL Stephen Crowley in Islamabad, Pakistan, back on November 21, 1979, when he was murdered by one when the U.S. embassy there was stormed by bussed-in radicals (later to be funded by Osamma bin Laden) on false news reports the U.S. had seized the mosque at Mecca, in Saudi Arabia, and after Iranian “students” had seized the U.S. embassy in Teheran, Iran weeks before, on news that the Shah of Iran had been allowed into the United States for treatment of an illness, and fast forward to today, when we have troops in 75 countries (including those we defeated in WWII), CIA in over 90 countries, and Diplomatic Security Service in over 200 countries, that we pay so much attention to a comparative handful of UNLAWFUL COMBATANT Islamist extremists who want to kill us?  These detainees BROKE Geneva Convention rules, and our own Law of Land Warfare (US Army Field Manual 27-10 Warfare http://ac-support.europe.umuc.edu/~nstanton/FM27-10.htm ) during war time, and BY LAW have earned NO EXTRA LEGAL PRIVILEGES.  Also BY LAW, they can be held “until the end of hostilities.”  Where is the sanity in even discussing what should become of them?  They have ZERO rights, according to LAW.  But, because they are held by the benevolent, kind, generous, and moral United States of America, they are treated within the spirit of Geneva, and in accordance with DoD policy (by which they have due process rights – see Military Commissions Act  http://www.defense.gov/news/commissionsacts.html ), and in accordance with U.S. Army Regulations governing the care and treatment of detainees. All Gitmo detainees are lucky to be alive, let alone realistically hoping to receive extra legal privileges.  The International Committee of the Red Cross (ICRC) have told me on two separate occasions, once in Guantanamo Bay, Cuba, and once in Iraq, that “nobody does [detention operations] better than the U.S.”  The detainees are at Gitmo so long as they either pose a risk or are suspected of having valuable information that may aid us in our effort to win the Global War on Terror (Struggle Against Islamist Extremists).