Cheeze_Pavilion said:
beddo said:
Yea, I wouldn't expect the US to ever abide by the Geneva Convention, or the UN charter on human rights or God forbid the actual Constitution of the United States!
"the US president said military commissions were appropriate for trying enemies who violate the laws of war,"
I'm not very familiar with international law in this area, so can you tell me why trying enemies who violate the laws of war is illegal under the Geneva Convention, the UN charter on human rights, or the Constitution of the United States?
Most of them were snatched through extraordinary rendition and not captured on the battlefield. In which case they cannot be considered combatants unless they a part of that country's military.
Firstly, a 'Competency Trial' has to be held. Then you need to show that these people have violated the laws of war. If you can implement them in these actions then they becme 'unlawful' combatants who are entitled to be "treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial". Which clearly they are not given that they were tortured under the Bush administation and are now being denied a fair and regular trial.
beddo said:
The US signed up to the Geneva convention in 1882. They have signed all subsequent conventions and ratified them in law. The US went to war with Afghanistan and Iraq hence, an 'enemy combatant' captured is a prisoner of war and are entitled to be treated under the rights given to them by the Geneva convention.
If you want to argue that the combatants are not prisoners of war then they are by definition, civillians.
I did a little digging, and found this:
http://en.wikipedia.org/wiki/Ex_parte_Quirin
It seems the problem with Bush's military tribunals was not that he was trying them in a military tribunal--military tribunals are not legal for lawful combatants or civilians, but they are legal for unlawful combatants.
However, as I stated above they still have to be "treated with humanity and, in case of trial, "treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial"". Why they were not and subsequently are not.
The problem for Bush was that:
"The Quirin case, however, does not stand for the proposition that detainees may be held incommunicado and denied access to counsel; the defendants in Quirin were able to seek review and they were represented by counsel."
Clearly Bush broke mant rules regarding these detainees.
from the article about Obama's military tribunals:
"The improved rights for detainees include restrictions on hearsay evidence; a ban on evidence obtained by cruel treatment; giving detainees more leeway to choose their own lawyers; and protecting detainees who refuse to testify."
I believe that they will be denied "the rights of fair and regular trial".
I don't care for legal technicalities and semantics. Respecting human rights means treating all people equally and recognising that they should all have the same protections. This is not being done.
So I don't see how you can say this is not change.[/quote]