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PAS : KE ARAH PEMERINTAHAN ISLAM YANG ADIL
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Pandangan seorang prof dari US. antara lain bertanya
kpd bush adakah umat Islam di 57 buah negara Islam
akan duduk diam selamanya melihat gelagat sombong
bush. juga mengkritik layanan US terhadap P.O.W muslim
yg didera hingga mati dipenjara US. dan adakah 'the
third
Geneva Convention on prisoners of war' hanya khas utk
Amerika.
-----------------------------
Francis A. Boyle
Law Building
504 E. Pennsylvania Ave.
Champaign, IL 61820 USA
217-333-7954(voice)
217-244-1478(fax)
[EMAIL PROTECTED] <mailto:[EMAIL PROTECTED]>
I want to start out with my basic thesis that the Bush
administra-
tionıs war against Afghanistan cannot be justified on
the facts or
the law. It is clearly illegal. It constitutes armed
aggression.
It is creating a humanitarian catastrophe for the
people of Afghan-
istan. It is creating terrible regional instability.
Right now we are having artillery barrages across the
border bet-
ween India and Pakistan which have fought two wars
before over
Kashmir and yet today are nuclear armed. The longer
this war goes
on, the worse it is going to be not only for the
millions of people
in Afghanistan but also in the estimation of the 1.2
billion Muslims
of the world and the 57 Muslim states in the world,
none of which
believe the Bush administrationıs propaganda that this
is not a
war against Islam.
Now let me start first with the facts. As you recall,
Secretary of
State Colin Powell said publicly they were going to
produce a white
paper documenting their case against Osama bin Laden
and their
organization Al Qaeda. Well, of course, those of us in
the peace
movement are familiar with white papers before.
Theyıre always laden
with propaganda, half-truths, dissimulation, etc. that
are usually
very easily refuted after a little bit of analysis.
What happened
here? We never got a white paper produced by the
United States
government. Zip, zero, nothing.
We are not going to get that investigation, and yet
today we are
waging war against Afghanistan on evidence that
Secretary of State
Powell publicly stated is not even circumstantial.
And this is not self-defense what we are doing in
Afghanistan. Since
none of these justifications and pretexts hold up as a
matter of law,
then what the United States government today is doing
against Afghan-
istan constitutes armed aggression. It is illegal.
There is no
authority for this.
Now the government of Afghanistan (Taliban) made
repeated offers
to negotiate a solution to this dispute. Even before
the events of
September 11, negotiations were going on between the
United States
and the government of Afghanistan over the disposition
of bin Laden.
They had offered to have him tried in a neutral
Islamic court by
Muslim judges applying the law of Shariah. This was
before the
latest incident. We rejected that proposal. After
September 11 they
renewed the offer. What did President Bush say? No
negotiations.
Thereıs nothing to negotiate.
The Pentagon launched this thing. Obviously, they felt
they could
keep it under control. Thatıs what the people in
August of 1914,
thought, too, when you read Barbara Tuchmanıs The Guns
of August.
Everyone figured the situation could be kept under
control, and it
wasnıt, and there was a world war 10 million people
died. Weıre
already seeing, after President Bush started this war,
artillery
duels between India and Pakistan. Massive unrest is in
all of these
Muslim countries, and the longer the war goes on, I
submit, the
worse it is going to become, the more dangerous it is
going to
become, the more unstable it is going to become.
If a U.S. military [person] were to be captured,
clearly, he or she
would be entitled to all the benefits and protections
of the third
Geneva Convention, on prisoners of war. But the
problem now is
that President Bush has basically said, openly,
publicly and of-
ficially, that we are not going to give
prisoner-of-war benefits,
or fourth Geneva Convention civilian benefits, to al
Qaeda members,
to former al Qaeda members, or to those who have
sheltered, harbored
or assisted them. That opens us up for reprisals. It
opens up our
own armed forces to be denied prisoner-of-war
treatment. So, what
weıre doing here is exposing them to a similar type of
treatment,
which would be a summary trial, in secret, subject to
the death
penalty.
The latest figure Iıve read is upwards of eleven
hundred aliens,
Arabs, Muslims, who have just disappeared somewhere.
We donıt know
where they are or the conditions under which they are
being held.
We have no idea whether they have access to attorneys.
We do know
one of them died, under highly suspicious
circumstances, while in
custody. There have been reports that he was tortured
to death.
I should point out that the phenomenon of
disappearance is con-
sidered a crime against humanity [by] the
International Criminal
Court. This is very dangerous.
The critical question is: When will the FBI, the CIA
and the
National Security Agency start to turn these powers,
that they have
under the Ashcroft police state bill, against American
citizens?
Clearly, that will be the next step.
__________________________________________________
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