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Re: cansomeoneexplain

By: Cactus Flower in ALEA | Recommend this post (0)
Wed, 06 Feb 13 7:17 PM | 63 view(s)
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Msg. 12615 of 54959
(This msg. is a reply to 12614 by DigSpace)

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hi dig,

that's helpful. although i guess it introduces a different issue.

we are talking about geographies outside the realm of us jurisprudence but operators within it.

perhaps the us constitution also extends its bony fingers into the Yemen with respect to the treatment of us citizens. therefore, drones are used only in extreme cases. but if so, why was the 16 year old son of al awlaki killed?

whereas for non-citizens, the concept of drone use is more akin to war.

part of the difficulty is extending some concept of justice into realms it usually does not go.

setting aside the citizen/non-citizen distinction, the use of these kinds of systems arguably generates more resistance than it extinguishes.

collateral damage provides the seed for dragon's teeth. perhaps more precision would help.


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The above is a reply to the following message:
Re: cansomeoneexplain
By: DigSpace
in ALEA
Wed, 06 Feb 13 6:25 PM
Msg. 12614 of 54959

I see the argument by some as a legal one, not a moral one. The morality of drones, war, preemptive strikes, white phosphorous, land mines, and so on are one matter ... law is another.

US citizens are afforded, by law, certain rights and US government, by law, is constrained in its actions towards US citizens.

Matters of due process, presumption of innocence, jury of peers and so on appear to be tossed under the bus with drones. A war posture is the claim to allow these actions, but as the "war on terror" has been declared by consecutive presidents it be a permanent state of affairs as opposed to more obviously described wars in the past, it would seem the executive has expressly stated that the rights of the accused are now permanently void.

A rather significant chunk of the constitution is thus voided, and voided permanently, if we are to take the current and previous CiC at their word.

It would seem that is legally significant.


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