NEW YORK, May 28, 2014 /PRNewswire/ -- Manhattan attorney, Sean O'Loughlin, Esq. responding to AP Newswire dated 5/28/14 "Obama seeks to recast postwar foreign policy" announced today that the United States of America needs to set up a new court system and pass new laws to specifically deal with non-citizen enemies of state who are not legitimate prisoners of war. The new court system and laws should be specifically designed to address non-citizen enemies of state who do not fight in the uniform or under the flag of a legitimate country and who are captured during hostilities where evidence is gathered during battlefield conditions.
In responding to President Obama's desire to end the war in Afghanistan, Sean O'Loughlin, Esq. specifically stated "that once hostilities in Afghanistan cease, the United States of America will be obligated under international law to release the detainees at Guantanamo Bay. This is not a political issue but rather a legal issue. The fact of the matter is that our legal system has failed to grow and adapt to changes in contemporary warfare. The appropriate venue to try and convict non-citizen enemies of state needs to be created and passed into law. Non-citizen enemies of state captured during hostilities should not be tried in civilian courts since civilian courts are designed for evidence gathered during peace-time circumstances with Constitutional safeguards. Military courts, on the other hand, are specifically designed to adjudicate our military personnel, follow Geneva Convention rules as to legitimate prisoners of war and our military can adjudicate subjects of foreign occupied territories when the United States is the occupying nation. The proper remedy for adjudicating detainees captured during hostilities against the United States is the creation of a new court system and laws where immediate assignment of counsel for the detainee is mandated and our military is provided notice and instruction as to the requirements for gathering and preserving proper battlefield evidence which would sustain a conviction in this new system which would incorporate and balance both our Constitutional values and our needs for national security."
ABOUT SEAN O'LOUGHLIN, ESQ.:
Sean O'Loughlin, is a Manhattan attorney and a member of the International Bar Association War Crimes Committee.
FOR MORE INFORMATION:
Contact Sean O'Loughlin at PlanetArtist@Yahoo.com
SOURCE Sean O'Loughlin, Esq.