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Old 07-08-2005, 02:25 PM   #33
MakoMike
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Quote:
Originally Posted by spence
That's simply not true. The Third and Fourth Geneva Conventions detail treament of prisoners who don't have POW status. The US Army's field manual even recognizes protections for non-POW's "engaged in hostile or belligerent conduct."

Perhaps even more significant was the recent US Supreme court ruling that "United States courts have jurisdiction to consider challenges to the legality of the detention of foreign nationals captured abroad in connection with hostilities and incarcerated at Guantánamo Bay."

-spence
O.K., I'm going to have to look up those two treaties. The U.S. army field manual is just that, a manual, no force of law and can be changed at the pentagon's whim. As far as the court rulings go, notice that they didn't say that the Consitution applied, only that the detainees needed to have some sort of hearing. In fact that decision proves my point about the consitution not applying outside the U.S. Do you think the courts would allow a hearing before a military tribunal to pass for justice, inside the U.S. ?

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