Author Topic: Terrorists treated under the "Geneva Convention"  (Read 2354 times)

Offline WBZsDAD

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Terrorists treated under the "Geneva Convention"
« on: November 10, 2008, 10:58:13 AM »
Congratulations all of you who handed our Country over to the "Pasivist Elect", he will now close Guantanamo Bay and treat the detainees according to the Geneva Convention.

Here is just a small part of how detainees eligible for such treatment should be defined, I also have provided a link to the GC as all articles in their entirety are too lengthy to post here, but article 4 (below) in my mind does not describe them in any way; am I wrong?

Definitely better "ammo up"!

http://www.icrc.org/ihl.nsf/7c4d08d9b287a42141256739003e636b/6fef854a3517b75ac125641e004a9e68  



Art 4. A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:
(1) Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer corps forming part of such armed forces.

(2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions:[
(a) that of being commanded by a person responsible for his subordinates;
(b) that of having a fixed distinctive sign recognizable at a distance;
(c) that of carrying arms openly;
(d) that of conducting their operations in accordance with the laws and customs of war.

(3) Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.

(4) Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization, from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model.

(5) Members of crews, including masters, pilots and apprentices, of the 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.

(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.

B. The following shall likewise be treated as prisoners of war under the present Convention:
(1) Persons belonging, or having belonged, to the armed forces of the occupied country, if the occupying Power considers it necessary by reason of such allegiance to intern them, even though it has originally liberated them while hostilities were going on outside the territory it occupies, in particular where such persons have made an unsuccessful attempt to rejoin the armed forces to which they belong and which are engaged in combat, or where they fail to comply with a summons made to them with a view to internment.

(2) The persons belonging to one of the categories enumerated in the present Article, who have been received by neutral or non-belligerent Powers on their territory and whom these Powers are required to intern under international law, without prejudice to any more favourable treatment which these Powers may choose to give and with the exception of Articles 8, 10, 15, 30, fifth paragraph, 58-67, 92, 126 and, where diplomatic relations exist between the Parties to the conflict and the neutral or non-belligerent Power concerned, those Articles concerning the Protecting Power. Where such diplomatic relations exist, the Parties to a conflict on whom these persons depend shall be allowed to perform towards them the functions of a Protecting Power as provided in the present Convention, without prejudice to the functions which these Parties normally exercise in conformity with diplomatic and consular usage and treaties.

C. This Article shall in no way affect the status of medical personnel and chaplains as provided for in Article 33 of the present Convention.

Offline Randino

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RE: Terrorists treated under the "Geneva Convention"
« Reply #1 on: November 10, 2008, 05:16:12 PM »
The Geneva Convention is a joke. Do you honestly think that the Nazis we captured after WWII were properly tried? The trials were biased against them from the start as they should have been. We won, and we punished the enemy for what they did. The trial was the war, and they lost. We make up things like the Geneva Convention to make what we do in war seem ok. All it really does is hurt us in the long run.
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Offline Big_Bill

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RE: Terrorists treated under the "Geneva Convention"
« Reply #2 on: November 11, 2008, 01:29:16 PM »


Hello Todd,



I don't understand what point you are trying to make ?



I was trained in the Geneva Convention, although thirty eight years ago, and the people that we have been dealing with in Afghanistan, are not uniformed combatants, just as the VC were not in Vietnam. If you check further into non-uniformed combatants you will find they do not have rights under the G.C.. They fall into the category of spies, infiltrators, saboteurs, etc. who can be killed on sight, or later when convicted by a Military Tribunal, whichever is appropriate at the moment.



Many read a portion of the G.C., and think they understand it, but there are many areas that cover almost every situation of war that the average soldier may run into, it's up to the commanding officer to determine it's use as situations arise.



And by-the-way, The Geneva Convention is only applicable when combating countries that have also signed the G.C., and abide by it, not every country in the world, or every combat situation.



The G.C. was agreed to to promote civilized war ! ( What an Oxymoron)
Bill

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Offline WBZsDAD

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RE: Terrorists treated under the "Geneva Convention"
« Reply #3 on: November 12, 2008, 12:33:02 AM »
Bill,
That is my point exactly which is why I posted article 4, it describes who shall be recognized as being eligible for these rights.. As I began reading through it......it was clear to me that a terrorist did not fit the description in any way.

After reading article 4 it was clear to me BHO's was totally absurd, its one thing to say "I am going to close gitmo"........but another thing to say you are going to treat the "detainees" according to the GC

It is above me to really know what to say about the closing of gitmo, but I clearly understand the treatment thing.