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He is our enemy it is the ultimate hypocrisy to give him the same rights as the people his god has commanded him to kill.
To be entitled to prisoner-of-war status, captured service members must be lawful combatants entitled to combatant's privilege—which gives them immunity from punishment for crimes constituting lawful acts of war, e.g., killing enemy troops. To qualify under the Third Geneva Convention, a combatant must have conducted military operations according to the laws and customs of war, be part of a chain of command, wear a "fixed distinctive marking, visible from a distance" and bear arms openly. Thus, uniforms and/or badges are important in determining prisoner-of-war status; and francs-tireurs, terrorists, saboteurs, mercenaries and spies do not qualify. In practice, these criteria are not always interpreted strictly. Guerrillas, for example, do not necessarily wear an issued uniform nor carry arms openly, yet captured combatants of this type have sometimes been granted POW status. The criteria are generally applicable to international armed conflicts. In civil wars, insurgents are often treated as traitors or criminals by government forces, and are sometimes executed. However, in the American Civil War, both sides treated captured troops as POWs, presumably out of reciprocity, though the Union regarded Confederacy personnel as separatist rebels. However, guerrillas and other irregular combatants generally cannot expect to simultaneously benefit from both civilian and military status.
Originally posted by Seiko
reply to post by genius/idoit
He is our enemy it is the ultimate hypocrisy to give him the same rights as the people his god has commanded him to kill.
Prove this. Don't just accept it.
We must always be vigilant to the process of law. This is a civilian court, all due process and rights should be afforded.
Originally posted by genius/idoit
reply to post by HotSauce
He does not qualify for P.O.W. status
* Article 4 defines prisoners of war to include:
o 4.1.1 Members of the armed forces of a Party to the conflict and members of militias of such armed forces
o 4.1.2 Members of other militias and members of other volunteer corps, including those of organized resistance movements, provided that they fulfill all of the following conditions:
+ that of being commanded by a person responsible for his subordinates;
+ that of having a fixed distinctive sign recognizable at a distance (there are limited exceptions to this among countries who observe the 1977 Protocol I);
+ that of carrying arms openly;
+ that of conducting their operations in accordance with the laws and customs of war.
o 4.1.3 Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.
o 4.1.4 Civilians who have non-combat support roles with the military and who carry a valid identity card issued by the military they support.
o 4.1.5 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.
o 4.1.6 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.
o 4.3 makes explicit that Article 33 takes precedence for the treatment of medical personnel of the enemy and chaplains of the enemy.
* Article 5 specifies that prisoners of war (as defined in article 4) are protected from the time of their capture until their final repatriation. It also specifies that when there is any doubt whether a combatant belongs to the categories in article 4, they should be treated as such until their status has been determined by a competent tribunal.
The treatment of prisoners who do not fall into the categories described in Article 4 has led to the current controversy regarding the interpretation of "unlawful combatants" by the George W. Bush administration. The assumption that such a category as unlawful combatant exists is contradicted by the findings by the International Criminal Tribunal for the Former Yugoslavia in the Celebici Judgment. The judgement quoted the 1958 ICRC commentary on the Fourth Geneva Convention: Every person in enemy hands must be either a prisoner of war and, as such, be covered by the Third Convention; or a civilian covered by the Fourth Convention. Furthermore, "There is no intermediate status; nobody in enemy hands can be outside the law,"[2]
Originally posted by Seiko
reply to post by Snarf
Are you refuting that obama said these words? I also quoted eric holder. This is not obama bashing, this is about a show trial.
An avidity to punish is always dangerous to liberty. It leads men to stretch, to misinterpret, and to misapply even the best of laws. He that would make his own liberty secure must guard even his enemy from oppression; for if he violates this duty he establishes a precedent that will reach to himself.