Word: silliman
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...Pentagon that such deceptive appearances could amount to perfidy in a war-crimes trial. The official line was that the Americans were wearing the uniform of the Northern Alliance. "But that may be a distinction without a difference for someone from the Arab community," says Duke law professor Scott Silliman, the top U.S. Air Force lawyer in Gulf...
Should the U.S. commander have stopped the report to be in compliance with Geneva? Perhaps. "When you are dealing with these embedded media, you have to wonder how much the U.S. government must try to control them," says Silliman, the former Air Force attorney. He says this responsibility is something Pentagon commanders take seriously; there are scores of military lawyers deployed with the troops to help answer such legal questions. It may seem strange to think of lawyers running around the desert with copies of a 54-year-old Swiss treaty, but as Rumsfeld knows, it is that very document...
...Saudi captured last December in Afghanistan, is being held in Norfolk as an enemy combatant. Now Padilla is being held as a combatant as well--though the Administration says it has no plans to try him before a tribunal. "The real test case is Padilla," says Duke professor Scott Silliman, who specializes in national-security law. Silliman argues the courts need to lay down rules on how the President decides who is a combatant...
...that the defendants had a right to appeal their status in federal court. And the decision says nothing about detaining combatants indefinitely or denying them counsel. "To use Quirin to justify indefinite detention of Americans is to extend it far beyond the circumstances in which it was decided," says Silliman...
Opponents make no exceptions whatever for the practice, which has long been barred by both U.S. and international law. "Trickery, sure--but not torture," says Scott Silliman, a professor at Duke University School of Law. "We never want to become like those we claim as our enemies...