Archive for January, 2010

The dreaming place…

I’ve been casting more often in my dreams now. Last night (or this morning, really. I’m a night owl.) I called the quarters, which isn’t my usual in life format for magic. Previously in dreams it’s been palms to earth and call power sort, the sort I visualize when I set out offerings and talk to Father Oak. (I’m not in a comfortable position yet with one side of the neighbors as far as acting out my thoughts for ceremony is concerned. Still stepping out of the broom closet as it were.) This might be because Spring is coming, and as far as Southern California is concerned the rains are here and everything is bursting forth with green. My hind brain may just be picking up on all that shifting of life and using my dreams as a platform that I’m comfortable with. Or I could be completely wrong. I’ll have to experiment a bit.

Tomorrow morning I’m off to visit my Aunt again, and see my Mother while she’s there for court stuff (oh, Family Drama.) Praise be to Asphalta who keeps me safe on the roads!


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Small Talk

International Criminal Tribunal for the Former Yugoslavia in the Celebici Judgment. The judgment quoted the 1958 ICRC commentary on the Fourth Geneva Convention: Every person in enemy hands must be either a prisoner of war and, as such, be covered by the Third Convention; or a civilian covered by the Fourth Convention. Furthermore, “There is no intermediate status; nobody in enemy hands can be outside the law,” because in the opinion of the ICRC, “If civilians directly engage in hostilities, they are considered ‘unlawful’ or ‘unprivileged’ combatants or belligerents (the treaties of humanitarian law do not expressly contain these terms). They may be prosecuted under the domestic law of the detaining state for such action”.
“unlawful combatants” cannot be tried by the military and must be tried in a civilian court, apparently.

is UCMJ not considered a domestic law?

google, yay.

Uniform Code of Military Justice

nope, applies to all uniformed services, minus the CG, but including NOAA.

does that statement prevent the military from trying UCs?

unless the Coast Guard is operating in conjunction with the Navy

define domestic, please

one sec

lets say domestic means civil.

POWs, yes. but then that brings it all in a circle.
unless, I guess, they’re part of any treaty we’ve previously signed, such as child soldiers.

In that case, an UC would be charged under US law with sedition, aiding and abetting the enemy. the proscribed punishment is death.

convoluted! So, since we signed the Geneva Conventions they’re considered a part of municipal law, in accordance with the Supremacy Clause in the Constitution of the United States. In addition the US Supreme Court validated this premise, in Hamdan v. Rumsfeld, by ruling that Common Article Three of the Geneva Conventions applies to detainees in the War on Terror, and that the Military Tribunals used to try these suspects were in violation of US and international law
*facepalm* I’m so glad I’m not a lawyer

how is what I said convoluted? I said tried in civil court, you cited a court decision that military trials are not to be used. Apples and oranges
and US law only applies to American citizens and/or soil
hence the problem with trying them to begin with

no, this whole thing is.
in Boumediene v. Bush, that Guantanamo Bay captives were entitled to access the US justice system. not all of them were captured on US soil.

that court decision is contrary to us law
why would the laws of the US apply to citizens of foreign nations on foreign soil?

The Court applied the Insular Cases, by the fact that the United States, by virtue of its complete jurisdiction and control, mantains “de facto” sovereignty over this territory, while Cuba retained ultimate sovereignty over the territory, to hold that the aliens detained as enemy combatants on that territory were entitled to the protection of the writ of habeas corpus
because we control that soil, basically.
as well as it violating US and International law regarding prisoners

I was not speaking of Gitmo, which is sovereign US soil, I am referring to the foreign soil they were captured on
how so?

They’re being held on what is basically our soil, and going to be tried by our military, therefor they’re supposed to be given the rights that that situation accords them

you already stated there is little legal precedence for such great numbers of UCs, so how could it violate laws that dont cover it?

the status of UC isn’t in accordance with the Geneva Conventions. It’s only a legal status within the Military Commissions Act, which in turn was overruled by the Supreme Court in Boumediene v. Bush. So we must either give them the rights of a POW and try them in a military court, or they are civilians and must be tried in municipal court. they can’t be held as they are.
the Geneva Conventions are considered to be a part of municipal law in accordance with the Supremacy Clause in the Constitution. So, either way we’re supposed to abide by the Geneva Conventions which do not allow for the status of “UC”
by giving the status of UC we’re violating our own Constitution

how so? just because they do not enumerate them, that doesn’t mean they do not exist. If there is a such thing as a lawful combatant, there must be in turn an unlawful combatant. Spies for example, are the primary precedent

spies are tried in a municipal court, such as the 1942 Quirin case

and trying them for sedition, which is something we have not done, is the proper course of action, which I already stated

which, coincidentally, is the case that started the whole UC thing.
well, I have to go do the dishes.

I think we agree that the whole thing doesn’t make any goddamn sense

no, it doesn’t
which is probably why we’re just treating them as POWs now. easier that way.

A bit of my conversation tonight with an old high school classmate. Yes, these are the kinds of debates I thrive on. Though I do have the usual weird and/or mundane types. I’m just much less likely to post them here.

‘Night all.

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I have lately been having very vivid ones, complete with a coherent plot. I don’t know if it’s because I’ve been listening to music while sleeping, or if it’s the music choice. (May well be the latter. Tonight I might experiment with that.) Or even the time in which I go to sleep. I have no idea.

But some things are recurring themes now. I’ve started to do magic in my dreams. And not the movie kind, the kind I think of doing when coming up with ritual. Palms to earth and gather power kind. I also dream of vengeance. This isn’t too surprising, considering my personality. I don’t take kindly to people harming others for their own gain. So I dream.

I usually don’t remember them beyond the general feeling, or snapshots. The one from this morning is like that now, and I should have written it down before going back to sleep. Ah, well.

When you dream, what do they contain?

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Oh, Great Spirit
Whose voice I hear in the winds,
And whose breath gives life to all the world,
hear me, I am small and weak,
I need your strength and wisdom.
Let me walk in beauty and make my eyes ever behold
the red and purple sunset.
Make my hands respect the things you have
made and my ears sharp to hear your voice.
Make me wise so that I may understand the things
you have taught my people.
Let me learn the lessons you have
hidden in every leaf and rock.

I seek strength, not to be greater than my brother,
but to fight my greatest enemy – myself.
Make me always ready to come to you
with clean hands and straight eyes.
So when life fades, as the fading sunset,
my Spirit may come to you without shame.

(translated by Lakota Sioux Chief Yellow Lark in 1887) published in Native American Prayers – by the Episcopal Church.)

Sorry for the delay, haven’t been well lately.

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