Thadius -> RE: Criminals in the White House (7/14/2008 1:59:31 PM)
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ORIGINAL: DomKen quote:
ORIGINAL: Thadius Which treaties have we violated, and against which nation(s)? By my count 2 and maybe a 3rd of the Geneva Conventions. Based on how legalistic you want to be there are also a couple of the UN conventions which have been violated. Let's see what the ICRC says about that... quote:
Terrorist acts may occur during armed conflicts or in time of peace. As international humanitarian law applies only in situations of armed conflict, it does not regulate terrorist acts committed in peacetime. quote:
In addition to an express prohibition of all acts aimed at spreading terror among the civilian population (Art. 51, para. 2, Protocol I; and Art. 13, para. 2, Protocol II), IHL also proscribes the following acts, which could be considered as terrorist attacks: • attacks on civilians and civilian objects (Arts. 51, para. 2, and 52, Protocol I; and Art. 13, Protocol II); • indiscriminate attacks (Art. 51, para. 4, Protocol I); • attacks on places of worship (Art. 53, Protocol I; and Art. 16, Protocol II); • attacks on works and installations containing dangerous forces (Art. 56, Protocol I; and Art. 15, Protocol II); • the taking of hostages (Art. 75, Protocol I; Art. 3 common to the four Conventions; and Art. 4, para. 2b, Protocol II); • murder of persons not or no longer taking part in hostilities (Art. 75, Protocol I; Art. 3 common to the four Conventions; and Art. 4, para. 2a, Protocol II). quote:
Apart from prohibiting the above acts, humanitarian law contains stipulations to repress violations of these prohibitions and mechanisms for implementing these obligations, which are much more developed than any obligation that currently exists under international conventions for the prevention and punishment of terrorism. Oh and to just touch on your description of the Geneva Convention... quote:
GC 1 Art. 50. Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly. I highlighted for emphasis a couple of important "caveats". Those same caveats are in almost every article of the GC (both ratifications). As you can see for charges to even be considered, the alleged victim must be protected under the Convention, AND, the act must not be justified by military necessity, AND, carried out unlawfully, AND, wantonly. This is the info that ICRC (International Committee of the Red Cross) provides. They are argueably the most diligent organization in seeing that humanitarian law and human rights laws are followed, updated, and knowledge of those laws is spread to everybody. For more information you can visit their site at http://www.icrc.org . That is where the snips above can be found as well. Edited: to fix link and spelling of caveat (originally had an extra e)
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