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July 11, 2006
DoD Memo Doesn't Reflect A Change in Policy

Earlier today I wrote about the story of the DoD memo, which the media implied represented a change in policy with respect to the treatment of detainees. The memo actually restates the current policy that all detainees are to be treated in a manner consistent with Geneva Convention Common Article Three... The memo itself is here, if you want to read it.

That being said, I still don't think the terrorists we've detained deserve to be covered by the Geneva Convention, and I certainly disagree with the Supreme Court's recent ruling.

Posted by Matt at July 11, 2006 09:34 PM



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Comments

I have read the Geneva Convention, read what others have written in regards whom it covers and does not cover and frankly I cannot see logically how the Geneva Convention can be properly applied to terrorists. The Supreme Court really went the wrong way on this.

Posted by: Carl at July 11, 2006 10:06 PM

Geneva Conventions primary goal-namely upholding the laws of war. By granting terrorists Geneva Convention protections, there is now no incentive for them or any future terrorist organization or army of a foreign nation to follow the rules of war as laid out in the GC, since these terrorists/future terrorists know they will receive Geneva Convention protections from the Americans anyway. In effect, the Supreme Court killed the GC with its ruling.

Posted by: Freedom1 [TypeKey Profile Page] at July 11, 2006 10:57 PM

*The first 2 lines of the above comment got cut off*-

The Supreme Court's ruling granting GC protections to terrorists effectively negates the...

Posted by: Freedom1 [TypeKey Profile Page] at July 11, 2006 11:04 PM

freedom,

by definition "terrorism" doesn't follow rules of war.

Nearly every country in the world is already signed onto the GCs, so unless we have a mass migration AWAY from them, then theoretically they are bound by its laws.

The SCOTUS didn't kill anything, read the darn ruling, all it says is that the congress is required to setup rules for how the "competant tribunals" are to be administered. SCOTUS basically told congress to do it's job and figure out how we are going to deal with a bunch of possible terrorists we are keeping holed up in GITMO. We don't have to release anyone, but we can't torture them and we aren't allowed to lock em' up without some mechanism to define their status.

What the SCOTUS decision does do, is protect our people. Let's say that a spy is captured by a foreign nation, if another country were to follow our interpretation of GCs, then they are free to torture and indefinately imprison one of our citizens without having to give them access to a lawyer or a way to refute the charges.

Posted by: Third Eye Open [TypeKey Profile Page] at July 12, 2006 12:00 AM

Well, if we are to believe the administration in that they have not sanctioned torture, then this is not a change in policy. However, in terms of the spirit of their policies, Cheney lobbied congress against a torture ban, and Bush's signing statement on the McCain torture ban (which basically bypassed the whole legislation) does kind of put a sour taste in my mouth when it comes to us not torturing people.

If we abandon our principles in dealing with these terrorists, then what are we even fighting for?

Posted by: Georgia Frawg [TypeKey Profile Page] at July 12, 2006 12:44 AM

TEO-"by definition "terrorism" doesn't follow rules of war."

My point exactly. And the SC just granted them GC protections. So, now thanks to the SC, no one else has to either.

Posted by: Freedom1 [TypeKey Profile Page] at July 12, 2006 12:48 AM

freedom,

you're missing the point. because we are bound by the GCs, we are required to uphold them, even if the people we capture aren't. It's one of those 'quaint' little facts of living in a civilized society which respects the laws it passes.

Posted by: Third Eye Open [TypeKey Profile Page] at July 12, 2006 01:20 AM

Non story. Throw away the key.

Posted by: Bob Arctor [TypeKey Profile Page] at July 12, 2006 01:35 AM

No, TEO, you're missing the point. Terrorists DON'T qualify for GC protections because they are terrorists who don't follow the rules of war as laid out by the Geneva Conventions.

Posted by: Freedom1 [TypeKey Profile Page] at July 12, 2006 01:44 AM

freedom,

there are only TWO distinctions that people we capture fall under, either POW or "civilian criminal".

Which one are terrorists?

Posted by: Third Eye Open [TypeKey Profile Page] at July 12, 2006 01:49 AM

Neither. They are terrorists. That's why the Geneva Conventions don't cover them.

Posted by: Freedom1 [TypeKey Profile Page] at July 12, 2006 02:14 AM

Terrorists are terrorists. Simple enough. Why can't the moonbats grasp this simple concept?

Posted by: Bob Arctor [TypeKey Profile Page] at July 12, 2006 02:46 AM

I have no clue, dude.

Posted by: Freedom1 [TypeKey Profile Page] at July 12, 2006 02:58 AM

Freedom,

thats interesting, since terrorism existed before GCs were drafted, and yet according to you they just decided not to even touch the subject of them, when they took GREAT pains to mention EVERYONE ELSE!.

Can you explain to me why they aren't criminals?

Posted by: Third Eye Open [TypeKey Profile Page] at July 12, 2006 08:32 AM

Are we at war or not? You say "terrorists" do not fit the definition of war yet you seem to believe we are engaged with a war on terror. Pick one and stick with it! This thinking would be similar to a British blogger in the Revolutionary war saying that the Americans are not subject to the rules of war because they do not line up on the field of battle in bright colored uniforms. This provincial thinking is the very reason this administration has so much trouble dealing with other countries.

Posted by: modernone at July 12, 2006 11:36 AM

So the 'folks' that President Bush praised last week in Budapest are not terrorist? So the Amercian Revolutionaries are not terrorists? Do you think that the 'terrorists' see themselves as terrorists? Isn't it always the empire who chooses the term? The USSR, George II....

Posted by: Neutral Ned at July 12, 2006 12:19 PM

"What the SCOTUS decision does do, is protect our people. Let's say that a spy is captured by a foreign nation, if another country were to follow our interpretation of GCs, then they are free to torture and indefinately imprison one of our citizens without having to give them access to a lawyer or a way to refute the charges."

Yeah, it sure worked with those two soldiers who were butchered and mutilated after they were captured. So glad that the Geneva convention protected them, right TEO?

Posted by: NC Cop at July 12, 2006 10:00 PM

Freedom,

The point of the GCs was that in ANY armed conflict, that EVERYONE was covered by the rules of war, if they aren't then they are criminals, and subject to the courts of the force which captured them; So yes, they are covered by the GCs

Posted by: Third Eye Open [TypeKey Profile Page] at July 13, 2006 09:28 AM

Third Eye Open,

TEO-"thats interesting, since terrorism existed before GCs were drafted..."

TEO, has it ever occurred to you that terrorism is the reason why the Geneva Conventions were drafted?? The GC's set out the rules of war to prevent the kind of atrocious actions that terrorists like Al Qaeda perpetrate on a daily basis. The GC's are designed to provide a civilizing force on warfare. Those that violate the Geneva Conventions are no longer protected by them. That's the consequence for not adhering to the GC's.

Remember, TEO, torture is ALREADY OUTLAWED by the US Constitution. America must adhere to our Constitution which prohibits "cruel and unusual treatment".

TEO, we just need to update the GC's to specifically address terrorism and the treatment of terrorists, not get rid of the GC's entirely.

Posted by: Freedom1 [TypeKey Profile Page] at July 14, 2006 02:22 AM

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