On Fri, 28 Jan 2005 20:10:56 +0000, Guido wrote:

Gunner wrote:

On Thu, 27 Jan 2005 22:13:15 -0500, "Ed Huntress"
wrote:


We screwed up several things, but I don't know enough about the law to judge
if we screwed up in our handling of the Taliban captives. I would have
thought they were subject to treatment as POWs, and I'd feel better if they
were, but, again, I don't know the details of international law regarding
prisoners taken in various types of combat.


Non uniformed combatants are not covered under the Rules of War as
enemy soldiers, and are not covered by the Geneva Conventions (Hague
Accords). In fact, they are said to be terrorists and may be summarily
executed after a drum head tribunal with no regards to any other
international law, or any protections under the Rules of War.
Particularly mentioned are non uniformed combatants with no TOC or
national identifier.


Once again Gunner is seen ****ing in the wind.

[
Art. 64. The penal laws of the occupied territory shall
remain in force, with the exception that they may be
repealed or suspended by the Occupying Power in cases where
they constitute a threat to its security or an obstacle to
the application of the present Convention.

Subject to the latter consideration and to the necessity for
ensuring the effective administration of justice, the
tribunals of the occupied territory shall continue to
function in respect of all offences covered by the said laws.

The Occupying Power may, however, subject the population of
the occupied territory to provisions which are essential to
enable the Occupying Power to fulfil its obligations under
the present Convention, to maintain the orderly government
of the territory, and to ensure the security of the
Occupying Power, of the members and property of the
occupying forces or administration, and likewise of the
establishments and lines of communication used by them.

Art. 65. The penal provisions enacted by the Occupying Power
shall not come into force before they have been published
and brought to the knowledge of the inhabitants in their own
language. The effect of these penal provisions shall not be
retroactive.

Art. 66. In case of a breach of the penal provisions
promulgated by it by virtue of the second paragraph of
Article 64 the Occupying Power may hand over the accused to
its properly constituted, non-political military courts, on
condition that the said courts sit in the occupied country.
Courts of appeal shall preferably sit in the occupied country.

Art. 67. The courts shall apply only those provisions of law
which were applicable prior to the offence, and which are in
accordance with general principles of law, in particular the
principle that the penalty shall be proportionate to the
offence. They shall take into consideration the fact the
accused is not a national of the Occupying Power.

Art. 68. Protected persons who commit an offence which is
solely intended to harm the Occupying Power, but which does
not constitute an attempt on the life or limb of members of
the occupying forces or administration, nor a grave
collective danger, nor seriously damage the property of the
occupying forces or administration or the installations used
by them, shall be liable to internment or simple
imprisonment, provided the duration of such internment or
imprisonment is proportionate to the offence committed.
Furthermore, internment or imprisonment shall, for such
offences, be the only measure adopted for depriving
protected persons of liberty. The courts provided for under
Article 66 of the present Convention may at their discretion
convert a sentence of imprisonment to one of internment for
the same period.

The penal provisions promulgated by the Occupying Power in
accordance with Articles 64 and 65 may impose the death
penalty against a protected person only in cases where the
person is guilty of espionage, of serious acts of sabotage
against the military installations of the Occupying Power or
of intentional offences which have caused the death of one
or more persons, provided that such offences were punishable
by death under the law of the occupied territory in force
before the occupation began.

The death penalty may not be pronounced against a protected
person unless the attention of the court has been
particularly called to the fact that since the accused is
not a national of the Occupying Power, he is not bound to it
by any duty of allegiance.

In any case, the death penalty may not be pronounced on a
protected person who was under eighteen years of age at the
time of the offence.

Art. 69. In all cases the duration of the period during
which a protected person accused of an offence is under
arrest awaiting trial or punishment shall be deducted from
any period of imprisonment of awarded.

Art. 70. Protected persons shall not be arrested, prosecuted
or convicted by the Occupying Power for acts committed or
for opinions expressed before the occupation, or during a
temporary interruption thereof, with the exception of
breaches of the laws and customs of war.

Nationals of the occupying Power who, before the outbreak of
hostilities, have sought refuge in the territory of the
occupied State, shall not be arrested, prosecuted, convicted
or deported from the occupied territory, except for offences
committed after the outbreak of hostilities, or for offences
under common law committed before the outbreak of
hostilities which, according to the law of the occupied
State, would have justified extradition in time of peace.

Art. 71. No sentence shall be pronounced by the competent
courts of the Occupying Power except after a regular trial.

Accused persons who are prosecuted by the Occupying Power
shall be promptly informed, in writing, in a language which
they understand, of the particulars of the charges preferred
against them, and shall be brought to trial as rapidly as
possible. The Protecting Power shall be informed of all
proceedings instituted by the Occupying Power against
protected persons in respect of charges involving the death
penalty or imprisonment for two years or more; it shall be
enabled, at any time, to obtain information regarding the
state of such proceedings. Furthermore, the Protecting Power
shall be entitled, on request, to be furnished with all
particulars of these and of any other proceedings instituted
by the Occupying Power against protected persons.

The notification to the Protecting Power, as provided for in
the second paragraph above, shall be sent immediately, and
shall in any case reach the Protecting Power three weeks
before the date of the first hearing. Unless, at the opening
of the trial, evidence is submitted that the provisions of
this Article are fully complied with, the trial shall not
proceed. The notification shall include the following
particulars: (a) description of the accused; (b) place of
residence or detention; (c) specification of the charge or
charges (with mention of the penal provisions under which it
is brought); (d) designation of the court which will hear
the case; (e) place and date of the first hearing.

Art. 72. Accused persons shall have the right to present
evidence necessary to their defence and may, in particular,
call witnesses. They shall have the right to be assisted by
a qualified advocate or counsel of their own choice, who
shall be able to visit them freely and shall enjoy the
necessary facilities for preparing the defence.

Failing a choice by the accused, the Protecting Power may
provide him with an advocate or counsel. When an accused
person has to meet a serious charge and the Protecting Power
is not functioning, the Occupying Power, subject to the
consent of the accused, shall provide an advocate or counsel.

Accused persons shall, unless they freely waive such
assistance, be aided by an interpreter, both during
preliminary investigation and during the hearing in court.
They shall have the right at any time to object to the
interpreter and to ask for his replacement.
]

Probably his outhouse basement is flooded so he
had to move.
--
Cliff