Comments on: New CAAF opinion http://www.caaflog.com/2010/03/03/new-caaf-opinion-14/ Covering the Military Justice System Thu, 09 Feb 2012 01:34:21 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Late Bloomer http://www.caaflog.com/2010/03/03/new-caaf-opinion-14/comment-page-1/#comment-12508 Late Bloomer Thu, 04 Mar 2010 03:01:43 +0000 http://www.caaflog.com/?p=4898#comment-12508 But what would caaflog be without those thorny and unnecessary issues? But what would caaflog be without those thorny and unnecessary issues?

]]> By: Mike "No Man" Navarre http://www.caaflog.com/2010/03/03/new-caaf-opinion-14/comment-page-1/#comment-12502 Mike "No Man" Navarre Thu, 04 Mar 2010 01:56:48 +0000 http://www.caaflog.com/?p=4898#comment-12502 LB and question: The simple elegance of the Baker opinion is that it doesn't wade into any of those questions of int'l law (thought Judge Baker is imminently qualified to do so). I am guessing the issues you raise were all briefed by the parties extensively. But, the simplicity and precision of the Maynulet opinion made all of that irrelevatn. I will post an analysis tomorrow because I really think that while not masterful in its analysis of the law or application to the facts of the case, the opinion is one of the more elegant opinions CAAF has issued in years in how it sticks to core MilJus principles and avoids thorny issues that were really unnecessary to the decision. LB and question:

The simple elegance of the Baker opinion is that it doesn’t wade into any of those questions of int’l law (thought Judge Baker is imminently qualified to do so). I am guessing the issues you raise were all briefed by the parties extensively. But, the simplicity and precision of the Maynulet opinion made all of that irrelevatn. I will post an analysis tomorrow because I really think that while not masterful in its analysis of the law or application to the facts of the case, the opinion is one of the more elegant opinions CAAF has issued in years in how it sticks to core MilJus principles and avoids thorny issues that were really unnecessary to the decision.

]]> By: Late Bloomer http://www.caaflog.com/2010/03/03/new-caaf-opinion-14/comment-page-1/#comment-12497 Late Bloomer Thu, 04 Mar 2010 00:10:24 +0000 http://www.caaflog.com/?p=4898#comment-12497 Interesting...I suppose customary international law holds that being alive, no matter how miserable or short-lived being alive might be, is always preferable to death. In other words, is there a rationale or policy that says that in treating the sick or wounded, we must not place them in a worse state than when we received them? I know of at least one commander who interpreted 5 S's and a T to mean that, when treating an injured detainee, it would be unlawful for the detainee to remain wtih the capturing unit if there was a reasonable and imminent likelihood that the capturing unit would become engaged. Interesting…I suppose customary international law holds that being alive, no matter how miserable or short-lived being alive might be, is always preferable to death. In other words, is there a rationale or policy that says that in treating the sick or wounded, we must not place them in a worse state than when we received them? I know of at least one commander who interpreted 5 S’s and a T to mean that, when treating an injured detainee, it would be unlawful for the detainee to remain wtih the capturing unit if there was a reasonable and imminent likelihood that the capturing unit would become engaged.

]]> By: question http://www.caaflog.com/2010/03/03/new-caaf-opinion-14/comment-page-1/#comment-12496 question Wed, 03 Mar 2010 22:41:29 +0000 http://www.caaflog.com/?p=4898#comment-12496 has any other case ever said that an obvious mortal wound is the same thing for LOAC purposes as being hors de combat? not saying Maynulet is wrong, just curious. has any other case ever said that an obvious mortal wound is the same thing for LOAC purposes as being hors de combat? not saying Maynulet is wrong, just curious.

]]>