On 10/23/2010 10:13 PM, HeyBub wrote:
Kurt Ullman wrote:
In ,
wrote:


They are being detained under the president's Article II powers and,
as unlawful enemy combatants, fall into the same category as spies,
saboteurs, guerrillas, fifth-columnists, and the like. The usual
rules of war permit them to be executed forthwith.

This is one of the reasons why I get rather strange and vacant
looks from most people saying they should be treated under the terms
of the Geneva Convention when I agree wholeheartedly with them.
It has been awhile so I may be wrong, but IIRC there is a part in
the GC that says it only applies to signatories and since most of the
insurgents, Taliban, AQ-ites, etc., are not signatories...
I also like to point out beheadings and other interesting ideas
about "interrogation" in that region and suggest the guys in Gitmo are
getting off much easier than they would if their governments got hold
of them.

No problem there. The Geneva and Hague conventions do not apply to "unlawful
enemy combatants."

The Fourth Geneva Convention defines a "lawful" enemy combatant as one who:

1. Wears a distinctive uniform or insignia,
2. Carries arms openly,
3. Submits to a lawful chain-of-command, and
4. Follows the generally accept rules of war.

Absent all four of these conditions, a belligerent is NOT a lawful enemy
combatant.

The protocols go on to define exceptions, such as a hastily organized
militia deployed to engage an invasion, medical personnel, civilian workers
such as those constructing fortifications, truck drivers of military
supplies, and others. None of these excepts apply to "insurgents."

So, then, even IF the Taliban were signatories to the protocols and
conventions, the folks we've captured would STILL be outside the protections
of international agreements.



True but irrelevant. This country used to hold itself to a higher
standard than merely following the letter of the law, and strove to
treat prisoners of whatever status well. And the world knew it. At the
close of WWII, why do you think all those Nazis were trying like hell to
flee west? They knew how the Russians treated prisoners. A lot of the
German POWs held in midwest STAYED after the war.

It saddens me that our government now thinks the ends justify the means.

--
aem sends...