I do not know wether it's ok or not to bring KSM to NY for trial. It makes sense as he is not termed as Prisoner of War*POW*..if he was it would come
under Geneva Convention and Bush could be tried of war crimes for illegal war in Iraq and detaine abuse and totrture as International Criminal
Court/Geneva Convention stipulates.
KSM is not detained under status of Prisoner of War but Enemy Combatant, thus he is eligible for trial in civil court.
WASHINGTON, Feb. 8, 2002 – It is because the United States places such emphasis on the Geneva Convention that American officials do not
consider Al Qaeda covered by the agreement nor are they willing to award the Taliban detainees POW status.
Defense Secretary Donald Rumsfeld during a Pentagon press briefing today discussed presidential decisions that White House spokesman Ari Fleischer
announced Feb. 7.
President Bush, Fleischer said, had decided that the Geneva Convention of 1949 applies to the conflict with the Taliban in Afghanistan, but not to the
conflict with Al Qaeda terrorists in Afghanistan or anywhere else. He also determined that Taliban detainees do not meet the convention's criteria
for prisoner of war status.
White House lawyers thought long and hard about the situation before making recommendations to Bush, Rumsfeld said. The lawyers were worried about the
precedent their decision could set about detainees in future conflicts, he added.
"Prudence dictated that the U.S. government take care in determining the status of Taliban and Al Qaeda detainees," he said. "When the Geneva
Convention was signed in 1949, it was crafted by sovereign states to deal with conflicts between sovereign states." The current war on terrorism is
not a conflict envisioned by the framers of the Geneva Convention, he said.
Bush and Rumsfield emphasised these prisoners should not come under POW status so they use the loophole in Geneva Convention.
While keeping in mind only POW's are tried in millitary tribunal and not enemy combatants, the previous administration twisted the rules as suited to
them. These prisoners should have been tried in a Civil Court from the beginning under the status of "Enemy Combatant".
Millitary Tribunal is designed to put on trial P.O.W and not enemy combatants.
After September 11, 2002: KSM’s Children Said to Be Tortured
Khalid Shaikh Mohammed’s (KSM’s) children, who are captured in a September 2002 raid on a house he used (see September 11, 2002), are allegedly
tortured following their capture. A statement that they are tortured is made in a submission to a Guantanamo Bay hearing to determine the status of a
detainee called Majid Khan. The submission is made by Khan’s father, based on information from another of his sons. It reads: “The Pakistani
guards told my son that the boys were kept in a separate area upstairs and were denied food and water by other guards. They were also mentally
tortured by having ants or other creatures put on their legs to scare them and get them to say where their father was hiding.”
US department of Defense, 4/15/2007 pdf file Human Rights Watch, based on
eyewitness accounts, says that they are held in an adult detention center (see June 7, 2007), and KSM also says that his children are abused in US
custody (see March 10-April 15, 2007). US Department of Defense, 3/10/2007 pdf
file; Reuters, 6/7/2007 According to author Ron Suskind, after KSM is captured
and there is difficulty getting some information from him (see March 1, 2003 and June 16, 2004), CIA headquarters authorizes his interrogators to
“do whatever’s necessary.” KSM is then told that his two children will be hurt, unless he co-operates more. However, according to a CIA manager
with knowledge of the incident, “He basically said, so, fine, they’ll join Allah in a better place.” [Suskind, 2006, pp. 230]
Entity Tags: Majid Khan, Central Intelligence Agency, Khalid Shaikh Mohammed
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
Category Tags: Khalid Shaikh Mohammed, Intimidation/Threats
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Not only they tortured KSM to get confession but also his children. Keeping in mind all these things I dont know how anyone can be sure he would be
mod edit, attempt to fix link
[edit on Thu Nov 19 2009 by DontTreadOnMe]