Blunderov
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"We think in generalities, we live in details"
  
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Unlawful combatants and their rights.
« on: 2007-10-11 02:58:42 » |
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[Blunderov] One day there will be a reckoning, Darwin willing. When that reckoning comes Guantanemo Bay, Abhu Graib, various other black sites and the vile practice of it all will be considered. The following principle seems likely to inform those deliberations.
http://en.wikipedia.org/wiki/Mercenary
"According to the GC III, a captured soldier must be treated as a lawful combatant, and, therefore, is a Protected Person, with Prisoner of War (PoW) status until facing a competent tribunal (GC III Art 5). That tribunal may decide that the soldier is a mercenary using criteria in APGC77 or some equivalent domestic law. At that juncture, the mercenary soldier becomes an unlawful combatant, but still must be "treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial"
The principle seems to be that the declaring of persons as "unlawful combatants" does not entitle the declarer to treat these persons as they wish. Of course there will be legal wrigglings. Are "terrorists" <wipes tears of mirth from eyes> different unlawful combatants than "mercenaries"? What of Blackwater? May we torture Blackwater employees to find the answers to these and other questions? There are things we don't know that Blackwater also doesn't know and we must therefore find out what these aren't. You know, for reasons of national security.
"There's a mighty judgement coming, but I may be wrong." Leonard Cohen
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