LawTalkers  

Go Back   LawTalkers

» Site Navigation
 > FAQ
» Online Users: 126
0 members and 126 guests
No Members online
Most users ever online was 9,654, 05-18-2025 at 05:16 AM.
View Single Post
Old 06-14-2004, 06:31 PM   #2209
baltassoc
Caustically Optimistic
 
baltassoc's Avatar
 
Join Date: Mar 2003
Location: The City That Reads
Posts: 2,385
The Padilla Case

Quote:
Originally posted by Not Me
The GC has a specific definition of what types of POWs fall under the protections of the GC. My understanding is that AQ types don't fit that defintion.

I consider him an enemy POW, who can be held until the war is over and some sort of truce has been declared or a surrender or whatever the end of this war will be like and the terms of release of the POWs have been settled.

Whether the GC applies to him or not is determined by the language of the GC. Not every enemy POW falls within the GC. Only those enemy POWs that are defined by the GC as falling within the GC. If the countries signing onto the GC wanted to include AQ terrorists as having protection, they could have written the GC to include terrorists. My understanding is that the GC does not define terrorists organizations as falling under its protection.
There are two kinds of prisoners: criminals and POWs. You're either one or the other. Pick one and act accordingly. Either you can be held until the end of the war (and no longer) under a specified set of conditions and monitored by the Red Cross, or you can go through the judicial process and be held for the time appropriate to the sentence following conviction.

The British before us have run afoul of trying to muck up this system, and went from a terrorist problem in Northern Ireland to a substantial minority completely fucking pissed off problem in Northern Ireland in nothing flat. It took decades of work to rectify the damage in Northern Ireland, if one can even call it fixed. To this day, the Catholics in the North strongly suspect that they could be incarcerated at any minute for Walking While Catholic.
baltassoc is offline  
 
Powered by vBadvanced CMPS v3.0.1

All times are GMT -4. The time now is 11:51 AM.