EverCrest Message Forums
You are not logged in. Login or Register.
Author
Topic: The US Bill of Rights has been repealed
Noxhil2
Pancake
posted 10-25-2006 04:00:17 PM
quote:
How.... Bloodsage.... uughhhhhh:
You don't exactly understand the laws of war or the Geneva Conventions, do you?

There is no requirement to process anyone to determine evidence against them, and unlawful combatants are subject, quite lawfully, either to military tribunals or to the legal system of the captor nation. And there's no timeline for charges to be brought, either.

Prisoners of war are rightly held until the end of the conflict. Period.


I said, since we aren't at war with any nation-state, then these can't be prisoners of war. If they were PoWs, we would have to release them, since we aren't at war with anyone. They do address unlawful combatants in Geneva.

I guess we can read this snippet out of IV, 5.

quote:
Article 5

Where, in the territory of a Party to the conflict, the latter is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State.

Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention.

In each case, such persons shall nevertheless be treated with humanity, and in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the security of the State or Occupying Power, as the case may be.


emphasis mine

So we can call them unlawful combatant, but they still retain rights under GCIV, 5 which this new act restrains. I wasn't aware that Geneva permitted military tribunals for civilians, but you may be correct.

It's not the military's job to conduct trials of people outside their authority. Furthermore, there is no necessity since our civil courts are operating, right?

Edit: I don't really want to keep arguing this either, I've talked about it enough outside of here.

Noxhil2 fucked around with this message on 10-25-2006 at 04:04 PM.

Bloodsage
Heart Attack
posted 10-25-2006 04:09:07 PM
You're just like the idiots who argue that, despite how many years of precedent, the income tax is unconstitutional.

Face it: you have no idea what you're talking about.

To reign is worth ambition, though in Hell:
Better to reign in Hell than serve in Heaven.

--Satan, quoted by John Milton

All times are US/Eastern
Hop To: