he wasnt charged with treason

Bill Wheatley
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----- Original Message -----
From: "William H. Bowen" <[EMAIL PROTECTED]>
To: "CF-Community" <[EMAIL PROTECTED]>
Sent: Monday, July 15, 2002 4:38 PM
Subject: Re: Lindh pleads guilty, won't receive life in prison


> In this case, the laws of the United States provide that if a US citizen
> should be found to be taking up arms against the United States or US
forces
> (and sometimes our allies, but not always), they can be prosecuted in US
> courts for treason (and a number of other crimes), regardless of where the
> combat took place.
>
> By the same token, if a foreign national takes up arms against the United
> States, *they* are subject to different rules according to US and
> international law (independent of the Geneva Convention and the Rules of
> War), should they be captured.
>
> IANAL, HTH, YMMV
> will
> ----
>
> William H. Bowen
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> ----- Original Message -----
> From: "Jochem van Dieten" <[EMAIL PROTECTED]>
> To: "CF-Community" <[EMAIL PROTECTED]>
> Sent: Monday, July 15, 2002 1:23 PM
> Subject: Re: Lindh pleads guilty, won't receive life in prison
>
>
> > Judith Dinowitz wrote:
> > > So let's see.. you are a citizen of the Netherlands, correct?
> >
> > Last time I checked I was :)
> >
> >
> > > Let's say the
> > > Netherlands goes to war against some other country and you decide to
go
> to
> > > that other country and fight against the Netherlands. Lo and behold
you
> are
> > > captured by your country's army. You are a Prisoner of War.
> > >
> > > Gee ... You mean to tell me you are (in that case) not bound by the
laws
> of
> > > the Netherlands?
> >
> > Don't know if I am. But I shouldn't be.
> >
> >
> > > You have not renounced your citizenship, have you? You have not become
a
> > > citizen of this other country, have you? So why shouldn't your country
> > > prosecute you?
> >
> > Because I didn't do anything wrong while on Dutch territory (unless
> > conspiring to fight against your own country is a crime, of which I am
> > unsure, but I don't see that apply in the case of Lindh).
> >
> >
> > > This is not the case of a murder or a rape committed against an
> individual
> > > in another country, where that country's laws might take precedence.
> This
> > > is the case of a crime committed against the United States by one of
its
> > > citizens. Treason is a different ballgame, Jocham. The same rules do
not
> apply.
> >
> > I know the same rules don't apply. And I disagree with that.
> >
> > Jochem
> >
> >
> 
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