asinann said:
beddo said:
karkashan said:
They're people considered by the United States government to be the "enemy". (which they are) Why the hell would they give them a "fair trial"? Thinking otherwise is just naive.
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!
Geneva convention doesn't apply, we never signed the UN charter on human rights and the Constitution only applies to citizens.
And they have gone from secret tribunals to actual military trials, at least people are being moved along as opposed to left to rot.
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. In which case you are subjecting them to illegal detention, any trials are invalid under international law and any death penalties carried out would be crimes against humanity.
The US constitution does not only apply to citizens of the United States, it applies to any person within the United States such as tourists, foreign business workers and diplomats. Even people who are in the United States illegally are entitled to be treated as criminals with constitutional rights.
Guantanamo Bay belongs to the United States and hence the Constitution applies there. Else it belongs to Cuba or is undesignated. In these cases the laws of Cuba would apply or International law would apply respectively.
While their situation has been improved the adminstration are still not respecting their human rights.