A Look at Guantanamo Bay Legal Issues via Second Life

September 16, 2007 -
The U.S. detention of suspected terrorists at Guantanamo Bay has long been a controversial issue.

Now, Seton Hall University School of Law and and the University of Southern California's Institute for Media Literacy will examine the constitutional and public policy implications surrounding Gitmo, using Second Life as a platform.

As SL devotee Rik Riel comments on his The Click Heard Round the World blog:
The larger purpose is to increase public discussion about Guantanamo... Certainly an interesting way to set the stage for a discussion on the morality, legality and efficacy of Guantanamo. 

Rik had a opportunity to check out the upcoming presentation's in-game features, including being transported to Guantanamo via a lengthy ride in a virtual military cargo plane. During the trip, Rik's avatar was hooded, an effect he described as "immersive and unsettling."

Once at the base, Rik donned an orange prison jumpsuit and entered a detention cage. At various points, videos which address the controversies surrounding Guantanamo Bay can be triggered by one's avatar.

The presentation is part of Monday's Constitution Day happenings and begins at 1:30 PM Eastern time. A Seton Hall press release has more, including comments from Prof. Mark Denbeaux:
What we hope to create is a virtual platform where people from around the world can gather together to discuss important social justice issues. As an Internet-based virtual world, Second Life will allow us to conduct a broad and diverse debate on a wide range of political, legal and international issues.

Comments

I don't really get this :/ .

@rdeegvainal

We were required to know the Geneva Conventions and everything else all the way down to various local SOEs inside and out because they were so patently relevant to our jobs.

The GC specifically states that, when in doubt, detainees are treated as legitimate enemy combatants, and as such are to be treated with all the dignity humans merit and provided necessities (even some more personal items and correspondence). Meaning no torture, no detaining without lawful processes, and often conditions better than those of us who guarded and interrogated them.

Also, it's not just the Geneva Conventions which apply, and the other documents such as the Laws of Land Warfare make utterly clear what is right and wrong, effective and ineffective, productive and criminally negligent or cruel.

[...] A Look at Guantanamo Bay Legal Issues via Second Life [...]

I'm just confused by this. Why is this something they think that commonfolk will have any say in? There've been countless public discussions about the war, and that hasn't changed anything.

"During the trip, Rik’s avatar was hooded, an effect he described as “immersive and unsettling.”"

This confused me the most. Having your game window/screen go dark is immersive and unsettling?

It's also Second Life, which IMO, is pretty hard to take seriously about anything...

Idea: Bring more attention and dialog to an important subject.

Reality: Its taking place in SL who's importance, influence and general public reach cannot be understated. I mean honestly the only people who see any use for SL (aside from those few who play) are Political staffers looking for something "out of the box" and some game blogs. Hell even the MSM who feel under its hype has begun to see how useless it is to have a presence there.

This being Second Life, I can only assume that people are already using it for sex.

To be honest Spellchk, A lot more then that uses SL, A lot of my College's online instructors use it for their lectures and various other things to give their students a Classroom feel to their online class.

My problem with this whole Second Life Gitmo thing is where is the Avatars spitting, taking a leak and other wise degrading the Avatar guards? I mean what do people expect from the place it's the same as a prison...and it bothers me that it's usually poor Detainee...how about people wake up and realize who's there and just get on with their lives...people that would be happy to blow themselves up...I feel don't exactly deserve more then what they've got...and anyways if they don't wanna be in the cage...they can always give up a little information eh...

But in all Reality this isn't anything special this is just another way to get people to go "awww!!! Poor Detainee! You're so mistreated by those stupid ugly americans!" Thats exactly what this little simulation will be made for...

And yeah xzero87 it bothers me to that they described their computer monitor going black as immersive and unsettling...Either that person has extreme computer addiction of they're talking out their arse to make it sound like they really know what those guys go through....

Thanks for the link.

I think the simulation is just to get the discussion started. I don't think there has been a serious public discussion about the larger implications of our imprisonment of thousands of people (some US citizens) mostly outside the bounds of our normal legal protections and rights. Efforts like this are one way to break through the traditional media's silence on these issues.

I asked the planners about the sensational aspects of the virtual Gitmo, and they told me that it was about getting people to imagine what the experience might be like if they were imprisoned under similar circumstances. It's something that no other medium can do, without the use of some interactive theater. Gaming environments place you in the role of a character in ways that can surpass TV, movies or books.

Oh and to clarify, there is both a real-world and a virtual world component to this discussion, the real world one taking place at Seton Hall. There will be a monthly series of discussions on various topics arising from Gitmo over the next months.

Whether this leads to something greater will have to be seen.

Ok, let's look at this from a legal standpoint. There is no legal standpoint. These terrorists, caught while engaging our forces, have no rights under the constitution. Reason? They're not legal citizens of this country. Same with Illegal aliens. They too have no rights in this country. Again why? Because they're not citizens of our Country.

@Baine

Funny, I thought they had Human Rights under the Geneva Convention.

And, Guantanamo Bay should infact be Cuban Territory.

Finally, can you really call them terrorists? Most of them were captured while fighting as Insurgents. There is no evidence that Insurgents are terrorists.

unforunitly we classified them as unlawful combatants, who dont have protection under the geeneva convention. i personally felt had we given them lawful enemy combatant status after capture we would have been able to levy with a bit more support in the worlds view.

maybe i should go on second life and start an immersive and unsettling protest about it.

i cant wait until the second life self immulsions and million man marches.

this is a joke i cant believe this guy is simulating political activism its kind of like masturbating for procreation.

Baine, read up on the issues. In most cases, there is no evidence that the person is actually an illegal combatant. At least, no evidence the government will let anyone see.

Don't give the Chans any more ideas of how to "dispose of" the furries.

To make the experience whole do you get to commit any sort of atrocities before being placed in Guantanamo?

@Erik

Of course not. Just like in real life!

@BlackIce: beat me to the punch.

After the last race debate, I'm not going to say anything about the Gitmo issue itself ;)

What this idea seems to lack is substance. Or perhaps presentation of substance? I mean, unless the player is introduced to a character, and really get's in that character's shoes, the ramifications of anything in the game dosen't strike me as having weight.

Think of it this way, would the Grand Theft Auto series be interesting to play if there were no story missions? If all you could do was wander around causing havoc, buy property & items, and participate in R3 missions, how long would it hold your attention?

Certainly, the emersive qualities of the cities, the NPCs in them, and the turf growing nature of San Andreas could last you a while, but without CJ as a _character_ in a story, GTA:SA would be more like the older Tony Hawk games...

The Gitmo in SL is an example of why many people say video games are not art. It's a media presenting a message (like art should), but in a way that no one will care about it or effectively relate to it.

"Of course not. Just like in real life!"


Oh I forgot. Everyone in Guantanamo was a florist, before the ebil US troops snatched them away from their posies.

I'm not saying that they should be treated as they are. But to only show the imprisonment side of the story isn't showing the whole story. Have sympathy for them, but not too much.

I personally have come to think that the GC is pointless in todays world.

Just a personal opinion, but if they chose not to observe the GC, then they don't deserve to be protected under it.

Compared to what they have done to american prisoners, they got off lucky.

Colin Powell himself has estimated that 80% of the detainees are completely innocent. Most of them were florists and such. Even if they were all Al Qaeda members, why is it okay to abuse them? Sure, it's not as bad as what they'd do, but is slightly better than Al Queda now the moral standard which we hold ourselves to?

"but is slightly better than Al Queda now the moral standard which we hold ourselves to?"


Well their tactics are working in Iraq and ours, well aren't. So I say yeah, it works for me as a standard.

So they murder a bunch of our civilians. We kidnap and torure a smaller number of their civilians (or actrually pay mercenaries to do it in most cases) and therefore we're the good guy.

As far as this sim goes, I don't see how it will have any political impact. Bugging congress would be more to the point.

@Ace of Sevens

I think it's a matter of opinion. I don't take the view of good guy vs bad guy, but I say that for us to apply a standard to an enemy that does not want to apply it to us is foolish and weak hearted. I know, my father was in korea and Vietnam.

War is not PRETTY, NEAT, CLEAN, OR Rightous. War does not deciede who is right or wrong, ONLY who is left.

I'd rather america be left standing, not terrorizm.

So there are some people there who are guilty and should be there, but there are probably more people in Guantanamo who are actually innocent.

As long as people can be arrested without actual proof and jailed without any kind of legal process and are not even allowed to know what they where arrested for you cannot tell me that a thing like Guantanamo and all those secret airplane rides are right.

Keeping all information surpressed like they do can easily lead to misuse of the power that they wield.

It just feels to much like what happened in russia and germany in the last world war to me.

Hopefully this will at least inspire deeper thought by those who participate, but it does seem as if this would be more poignant if more realistic depictions of what happened went on. It's hard to say how much of a difference this will make, though.

@Erik

Actually, adopting something so similar to "their" tactics is a huge part of the reason our tactics aren't working. In the first Iraq war, we were seen by many as liberators, even embraced and welcomed and trusted; but then, in the first war, we followed the Geneva Conventions.

You may not believe it is effective or contemporary, and while many soldiers are frustrated by some of the hoops that must be jumped through for the sake of enemies, we are also proud of how it sets us apart from, and permits us a sense of moral superiority, over those we fight.

But Guantanamo did worse than "merely" violating international treaties some might think outdated. It lost us friends, resources, and the trust of the people in Iraq. Even beyond that, torture is the LEAST effective means of getting truthful information out of a person. They'll make up or agree to almost anything to get the pain or humiliation to stop. This is not just a personal opinion from dealing with detainees, although it is that too; military regulations and psychological studies of past and current warfare have proven this to be the case, regardless of what old-school CIA types think.


As someone who has actually been in a leadership position in military detainment centers, where torture IS NOT permitted because it usually results in lies that can get our people hurt or killed, I suspect you don't have all the facts. Feel free to read up on the military report of what actually happened in Guantanamo, and how that differed from the military's stated goals, accepted methods, and past studies. Look over the military manuals on interrogation because the experts--Military Intel who actually know something about interrogation--did NOT approve of what was done in Guantanamo.

Primarily because torture is ineffective as an interrogation tool, which the military has known for many years, but also because the actions taken in Guantanamo have decimated our relationship with the very Iraqi citizens we purport to free, and crippled interrogation possibilities elsewhere. The backlash for those atypical actions not only forces the entire processes to be viewed under a microscope and severely constrained since the incidents came to light, but also makes locals unwilling to come forward with any information because they fear to be tortured, too.

The standards for declaring someone an unlawful combatant were not met in many of the cases in Guantanamo, just as the moral stanards to which America has traditionally held itself were sacrificed. Of course there are cases of those who honestly were enemy combatants, even some who were actually unlawful combatants.

The point, however, is that in America, we assume innocence until guilt is proven, not the other way around. Dropping the Geneva Conventions because they've become inconvenient is not only immoral, it is a tactical and strategic nightmare. Much of the reason the first Iraq war was so easy (comparatively, although that in no way demeans those who suffered loss from it) was because our enemies quickly learned that they were treated better as our prisoners than by their own leadership.

We've destroyed the perception that we treat our enemies honorably, an more than that, we've given our enemies a vital tool: now, they recruit more help than they had before, because now our actions make it easy to paint America as the bad guys, especially for those who have lost family directly or indirectly due to our actions.

From a military standpoint, because this is a war of ideas (against terrorism), the only true way to victory requires that our ideals win, in addition to more standard military objectives. The ideals of freedom from tyranny, of democracy, and of safety from terrorism are savaged by our actions at Guantanamo.

This means that the scandals in that place have contributed greatly to our difficulty with winning over many locals, friendly countries, and even our own people to the "cause" of this war--because they don't see anything noble in our actions, it's hard for them to see our goal and methods as noble, which makes it that much harder to end the sectarian violence because we end up looking like bullies instead of mentors.

"It lost us friends, resources, and the trust of the people in Iraq. "

They were never our friends in the first place. I don't think anything we could have done, or could ever do would have or will gain the trust of the Iraqi people. So regardless of Guantanamo Bay or not, things would be as they currently are. Much like Thompson to us, they hate us regardless, things like Guantanamo (or Manunt 2 for Thompson), just give them something in specific to hate us for.

@Coravin: well stated. Thank you.

@Erik: To put it another way, tactics of torture lend support to our enemy's cause by aiding in the recruitment of more people on the fence. To cede the moral ground to our enemies and become just like them is to cease to be American, as far as I'm concerned. It's to abdicate our very values that we spilled so much blood already to defend.

Erik: So according to you, we didn't go to Iraq to help anyone, just to kill a bunch of people who hadn't done anything to us and you're okay with this?

The way I see it, you either have enough evidence to hold a prisoner or you don't.

We could solve so many problems just by giving each prisoner a trial. If the evidence is there that they deserve to be held, we keep them there. If we don't have any real evidence, then we don't have a right to hold them, and should send them home.

Innocent until proven guilty. That's how we do things in the States.

"So according to you, we didn’t go to Iraq to help anyone,"

We might have. At his point I don't know. But I do know that they do not seem to want our help.

"just to kill a bunch of people who hadn’t done anything to us and you’re okay with this?"

Those who belong to Al Queda, well they are guilty by association. And as far as being "okay" with it: I never so much said that I'm "okay" with it, as much as I really won't shed any tears. All I'm saying is that merely showing them as being "victimized" isn't really telling the whole story. They themselves may be guilty of worse that is being done onto them.

It may not be "right" but I'm also not going to lose any sleep over these people.

@Erik

Who said that the friends we lost were in Iraq? Many of the resources were, but certainly not all. And actually, many of the people in Iraq were highly supportive of America until--as they see it, of course--we left them in the lurch instead of getting rid of Saddam the first time around.

And this time around, there were still many (although far fewer openly supportive) who wanted our mission to establish their own self-governing democracy to succeed. But it's amazing how fast people distance themselves from a country that begins to look more and more as if it interfered for its own gain, not theirs.

It's even more amazing (although accurately predicted by military experts--even generals, all the way up through 4 stars, all ignored) how few people are willing to stick their necks out to assist the efforts of our soldiers to re-establish order when doing so risks reprisal by the insurgents and instead of protecting people who bring them information, America's soldiers are plastered across the TV torturing and denigrating their detainees.

And even more incredible is how many of the people we detained are the same people who DID risk their own safety to give us information, brought in because some random jerk thought they knew more than they said or insisted that was the only way to "protect them".

Nobody's saying that everyone in Guantanamo is innocent--but even if they were all guilty, nobody deserves to be tortured, especially by people who are doing so for their own sadistic, twisted pleasure and against the very laws and human rights they are supposed to champion.

Nekowolf Says:
September 16th, 2007 at 10:06 am

It’s also Second Life, which IMO, is pretty hard to take seriously about anything…

I really think Garry's Mod would be far superior to handling this kind of disscussion. I have no clue why EVERYTHING has to have a second life counterpart to it. Even weddigs, that's really sad.

Gitmo isn't where the tortures took place: That was Abu Ghraib.

The worst torture in Gitmo is having to stand up for hours at a time. Oh my God, that's terrible!

“awww!!! Poor Detainee! You’re so mistreated by those stupid ugly americans!”...Thats exactly what this little simulation will be made for…" - Seiena

You proved yourself the ugly American when you wrote;

"I feel don’t exactly deserve more then what they’ve got…and anyways if they don’t wanna be in the cage…they can always give up a little information eh…"

@Austiin Lewis: there was more than oen place where torture took place. In fact, I shouldn't use the past tense. Other Gitmo tortures include beatings, waterboarding, hypothermia, forced feedings of religiously forbidden foods and threats to murder the children fo detainees or rape their wives. This is besides the fact that not moving is quite painful and possibly fatal. Remember that guy in Korea who died from sitting too long in an internet cafe?

Standing in place for 4 hours will not kill you unless you're retard enough to buckle your knees.

Beating a detainee who's struggling against you isn't torture. That's the best social control that your average marine can come up with.

As for verbal insults, once again, that happens everywhere in the world. Shit, go down to an irish bar and you'll hear some drunk fuck threaten to kill children and rape wives.

That guy in South Korea, I think he died from sitting there for 3 days or so. At least if we're thinkin about the same guy.

What we really need is civil war re-enactors in SL to remind us of the sacrifices made in that great conflict.

@TheFremen: As it just so happens, I'm currently lurking in a store on SL that specializes in military uniforms. The vast majority of the store is dedicated to WWII-era German uniforms, but I see one entitled "US Civil War Union Light Artillery" and another entitled "US Civil War Union Cavalry Colonel" :)

Oh, and on the off chance that anyone cares, I made an unofficial Gamepolitics.com group on Second Life recently. All are welcome, so please, come join us! :D

@ Austin Lewis

The difference between the "Irish bar" and Guantanamo is that you know in the back of your mind that the Irish bar threat is mostly Idle drunken bluster.

If the treat is issued to you by someone who actually has the power to make it happen and has proven that to you by reapeated other tortures of you or of other people you tend to believe it and will probably be terrified.

Being forced to do something when you know there is no escape is rather different than doing it when you know that there will be no reprecussions later.

Also, people even die from sitting still in long airplane voyages (trombosos).

@ The Gaming Dutch

Actually, he said that once while my wife was present, which accompanied a swipe from his hand that knocked the red beret from my head and set into motion a chain of events that had him crawling on the ground a minute thereafter.

The Marines in Gitmo put up with quite a bit of bullshit from their prisoners that never gets into the news.

The constant sneer of most of the 'detainees', their unwillingness to do anything (even things as simple as queing up for a shower), and the fact that every other day some 'detainee' feels the need to start an uprising, coupled with the fact that Marines aren't well known for handling stressful situations without the easy solution of violence leads to things that are harmful to detainees. However, this isn't 'torture'. Torture is a methodical use of pain, fear, deprivation of sleep food and water, or other frightful means with a singular goal. Whether that goal is torture, the gathering of information, etc., their is a goal to torture.

The treatment those detainees receive is something they bring on themselves.

And WWII uniforms are some of the most uncomfortable things ever made, except for the khakis that the SAS had.

[...] A Look at Guantanamo Bay Legal Issues via Second Life The U.S. detention of suspected terrorists at Guantanamo Bay has long been a controversial issue. [...]

To all those citing the Geneva convention, please read the third geneva convention and note who actually is protected by it. Not everyone is afforded the protection. Geneva conventions were not dropped in the majority of the cases, i can't speak for all, because i haven't seen every case.

@ austin lewis

First: in that case I would suggest visiting a better class of bar.
About the beret, so are you some kind of marine yourself then?

Second: So you are saying that since the marines are not very good at dealing with stress it's ok that they use violence and that is just an unfortunate side effect that the detainees are hurt in the process.

Would this also be acceptable if it was done to captured americans?

Third:
I wonder if you would just do what you were told if it was you in exact the same conditions.

@The gaming Dutch
Marines know how to handle the situation when captured, they have rules to follow and are briefed on how to behave professionally when in enemy hands.

@The Gaming Dutch
No, i'm not a Marine; they don't wear berets. I'm Army.

I'm not saying that is ok if detainees were hurt; however, they brough much of this down on themselves.

Its not done to captured Americans; those are just plain beheaded. A captured American should be so lucky as to 'suffer' through the Gitmo experience.

As to the Third, much of my training was in combat, so I would never end up in such a situation. However, if I did, I would give them every amenity they needed, a prayer rug and Koran (kinda like what they get in Gitmo now) and inform them that htese were not things that they needed nor deserved; they are not prisoners of war, they are terrorists, and terrorism is not protected under the Geneva Convention.

@Yuki

I'm, not going to challenge the fact that your father was a soldier because, frankly, I trust your word and everyone elses on this site (usually).

However, you a) lack the proof of the detainees being terrorists and b) so does the government. The latter is reallywhat Second Life is trying to say.

That said, you need to take everything from SL with a pinch of salt.

@Austin Lewis

You assume then that they are Terrorists. Funnily enough, EVERYONE lacks the proof of the matter.

@ Blackice

Exactly, and that is the real problem.

@ Austin lewis
Being dutch I'm not well informed about US army uniforms so forgive my assumption.

@The gaming Dutch

Is it true you guys can smoke Mary in bars? And have you ever thought about using the screenname "The Flying Dutchman"?

Sorry, but that was a bit off topic..
 
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