jlf1961
Posts: 14840
Joined: 6/10/2008 From: Somewhere Texas Status: offline
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People who are protesting the torture of detainees have that right. I would also point out that Iraqi supported militant groups in Lebanon brutally murdered many an American hostage. quote:
- Articles 1 and 2 cover which parties are bound by GCIII
- Article 2 specifies when the parties are bound by GCIII
- That any armed conflict between two or more "High Contracting Parties" is covered by GCIII;
- That it applies to occupations of a "High Contracting Party";
- That the relationship between the "High Contracting Parties" and a non-signatory, the party will remain bound until the non-signatory no longer acts under the strictures of the convention. "...Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof."
- Article 3 describes minimal protections which must be adhered to by all individuals within a signatory's territory during an armed conflict not of an international character (regardless of citizenship or lack thereof): Noncombatants, combatants who have laid down their arms, and combatants who are hors de combat (out of the fight) due to wounds, detention, or any other cause shall in all circumstances be treated humanely, including prohibition of outrages upon personal dignity, in particular humiliating and degrading treatment. The passing of sentences must also be pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples. Article 3's protections exist even if one is not classified as a prisoner of war. Article 3 also states that parties to the internal conflict should endeavour to bring into force, by means of special agreements, all or part of the other provisions of GCIII.
- Article 4 defines prisoners of war to include:
- 4.1.1 Members of the armed forces of a Party to the conflict and members of militias of such armed forces
- 4.1.2 Members of other militias and members of other volunteer corps, including those of organized resistance movements, provided that they fulfill all of the following conditions:
- that of being commanded by a person responsible for his subordinates;
- that of having a fixed distinctive sign recognizable at a distance (there are limited exceptions to this among countries who observe the 1977 Protocol I);
- that of carrying arms openly;
- that of conducting their operations in accordance with the laws and customs of war.
- 4.1.3 Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.
- 4.1.4 Civilians who have non-combat support roles with the military and who carry a valid identity card issued by the military they support.
- 4.1.5 Merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law.
- 4.1.6 Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.
- 4.3 makes explicit that Article 33 takes precedence for the treatment of medical personnel of the enemy and chaplains of the enemy.
- Article 5 specifies that prisoners of war (as defined in article 4) are protected from the time of their capture until their final repatriation. It also specifies that when there is any doubt whether a combatant belongs to the categories in article 4, they should be treated as such until their status has been determined by a competent tribunal.
Please note the highlighted area, note the phrase "having a fixed distinctive sign recognizable at a distance" For those that may not understand the significance of that phrase, allow me to explain. You know those American Flag shoulder patches? the Unit Patches? the government issue BDU's and combat gear? All of that falls into the definition. Now before anyone gets their panties in a wad, her is protocol III of the 1977 Geneva treaty, or at least the part that pertains to combatants and those recognized as legal combatants. quote:
3. In order to promote the protection of the civilian population from the effects of hostilities, combatants are obliged to distinguish themselves from the civilian population while they are engaged in an attack or in a military operation preparatory to an attack. Recognizing, however, that there are situations in armed conflicts where, owing to the nature of the hostilities an armed combatant cannot so distinguish himself, he shall retain his status as a combatant, provided that, in such situations, he carries his arms openly: ( a ) During each military engagement, and ( b ) During such time as he is visible to the adversary while he is engaged in a military deployment preceding the launching of an attack in which he is to participate. Acts which comply with the requirements of this paragraph shall not be considered as perfidious within the meaning of Article 37, paragraph 1 ( c ). 4. A combatant who falls into the power of an adverse Party while failing to meet the requirements set forth in the second sentence of paragraph 3 shall forfeit his right to be a prisoner of war, but he shall, nevertheless, be given protections equivalent in all respects to those accorded to prisoners of war by the Third Convention and by this Protocol. This protection includes protections equivalent to those accorded to prisoners of war by the Third Convention in the case where such a person is tried and punished for any offences he has committed. However, I will also point out that the US and several other countries have not ratified the agreement simply because it is ambiguous about what constitutes a legal combatant. The United States has however adopted many of the protocols listed above and it is in U.S. Army's Field Manual, The Law of Land Warfare. Furthermore:The Geneva Conventions do not recognize any lawful status for combatants in conflicts not involving two or more nation states. A state in such a conflict is legally only bound to observe Article 3 of the Geneva Conventions, and may ignore all the other Articles. But each one of them is completely free -- and should be encouraged -- to apply all or part of the remaining Articles of the Convention. That means, under international law, in both the Hague and Geneva conventions, only legally recognized prisoners of war are required to be protected. In other words, if an American is beheaded on Al Jaazera, the United States military can, at its discretion, take an unlawful combatant or combatants and do the same. That also means, that terrorists and nonlegal combatants can be subjected to whatever means of interrogation necessary to provide intelligence that will safeguard either US troops or citizens of the United States. While we are discussing torture, I will point out that other coalition governments with troops on the ground in Afghanistan and Iraq have also used 'unconventional' methods to gain information. The United States has also opted not to detain individuals if there are international warrants for the arrest of these individuals and have returned them to the country where the warrant originated. IF that country uses unconventional means to gather information, and shares the information with the United States, are you still going to complain? Furthermore, let me ask all of the anti torture people a simple question: If torture results in information that will lead to the destruction of an insurgent cell or terrorist cell without harming Iraqi or Afghani civilians, would you prefer that over sending an Alpha strike into an area in order to get 25 people and having a collateral casualty rate of 1500 non combatant citizens dead? Take your choice, but personally, I would rather see 25 dead insurgents than one dead infant, wouldnt you?
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Boy, it sure would be nice if we had some grenades, don't you think? You cannot control who comes into your life, but you can control which airlock you throw them out of. Paranoid Paramilitary Gun Loving Conspiracy Theorist AND EQUAL OPPORTUNI
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