[Vision2020] GITMO Detainees Can Challenge Detention
Donovan Arnold
donovanjarnold2005 at yahoo.com
Mon Jun 16 19:08:40 PDT 2008
Hansen,
The Geneva Convention does not apply to Terrorists because they are not representing a government in uniform, which they must be. They are individuals acting on their own against the United States and other nations.
Terrorists are unlawful combatants, not POWs. Unlawful combatants have the right to a military tribunal. If found guilty, they are executed. Unlawful combatants are not treated the same under the law as those who follow the "Law of War." Those that act outside the authority of law to kill innocents, are a different group than those that are acting within international law and the Law of War, and are thus protected by the Geneva Convention.
I don't disagree that Bush abused his power. But I don't agree that foreign Terrorists who operate outside the Law of War, have the same rights as US citizens or soldiers serving under a sovereign government.
Best Regards,
Donovan
--- On Mon, 6/16/08, Tom Hansen <idahotom at hotmail.com> wrote:
From: Tom Hansen <idahotom at hotmail.com>
Subject: Re: [Vision2020] GITMO Detainees Can Challenge Detention
To: donovanjarnold2005 at yahoo.com, "lfalen" <lfalen at turbonet.com>, the_ivies3 at yahoo.com, vision2020 at moscow.com, "Tom Hansen" <thansen at moscow.com>
Date: Monday, June 16, 2008, 5:46 PM
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"Arnold" stated:
"A declared war must be declared by the United States Congress, not the President."
Thank you, Arnold. That quote is better than what I was hoping for.
By your own admission, then, Iraq/Afghanistan are NOT wars (by your own definition).
And Yes. You are correct when you stated that the Geneva Convention is not solely applicable to "wars", but specifically addresses "armed conflicts", the definition of which is inclusive of the Iraq and Afghanistan armed conflicts.
Now, to start on the venture which will definitively delineate (as I promised earlier) the violations committed by George Bush, former Secretary of Defense Donald Rumsfeld, and those many, many "interrogators".
As a preface I invite you to read and, please, become familiar with the Geneva Convention relative to the treatment of Prisoners of War (er . . . uh . . . armed conflict, I mean), at:
http://www.unhchr.ch/html/menu3/b/91.htm
Especially Article 4 where it starts . . .
Article 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:
Then we will discuss, in detail, Part 2 (General Protection of Prisoners of War)
Ready?
I will give you tonight and tomorrow to mull this over.
This is going to be fun for me and a learning experience for you.
Tom Hansen
Moscow, Idaho
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