Posted by
Crusader Rabbit on Friday, July 07, 2006 4:21:35 PM
If you've never read the Geneva Convention, now is the time to get to it and get smart about it.
Geneva Convention Relative to the Treatment of Prisoners of WarI can only conclude that 5/9ths of our Supreme Court Justices have never read it, or that having read it they have decided that they know better what it ought to mean, or that they are certifiable.
If you have read it you understand that it distinguishes between lawful prisoners of war, who have particular rights, and unlawful combatants to have none. Article 4 defines who is a "Prisoner of War" and Article 5 asserts that the convention applies only to them.
During the Afghan campaign we captured a large number of people under arms in the combat zones and not in any kind of uniform. A considerable number of these were not Afghan nationals either. According to the Geneva Conventions these people are not "Prisoners of War" [per Article 4] and they have NO RIGHTS under the Convention [per Article 5].
I would also like to express my loathing for those legal scholars [especially Erwin Chemerinsky] who repeatedly assert that the US is not complying with the Geneva convention with respect to the unlawful combatants held at GITMO. Regardless of how we were to treat them, since they are not subject to the provisions of the convention per Article 5, nothing about the US government's treatment of them can be held as a non-compliance with the convention. To continually accuse the US of "ignoring", "violating", or "not complying with" the Convention in these circumstances is the lowest, most loathsome form of anti-American propaganda and has no place in a legal discussion. Promoters of such propaganda are unworthy of respect.
Despite all that, 5 Justices of the US Supreme court have decided not only that everyone we capture regardless of the circumstances must be treated as a lawful combatant, but moreoever is under the Jurisdiction of the US court system. I don't know what to say besides "AAAAAAAUUUUUUGGGGGHHHH!". If we cannot trust these 5 to make a rational decision based on the written law and respectful of existing case law, aren't we conceding that they are insane?