[RickSp]

Quote by: Apeman81 The USSC has made NO statement about violation of the GA in relation to this case. Your interpretation of the case highlighted in this thread is flawed.

Nope you have it exactly wrong. Read the ruling. See for yourself. It specifically cites violations of the Geneva Convention. HAMDAN v. RUMSFELD, SECRETARY OF DEFENSE, et al

The military commission at issue lacks the power to proceed because its structure and procedures violate both the UCMJ and the four Geneva Conventions signed in 1949. The procedures adopted to try Hamdan also violate the Geneva Conventions. The D. C. Circuit dismissed Hamdan's challenge in this regard on the grounds, inter alia, that the Conventions are not judicially enforceable and that, in any event, Hamdan is not entitled to their protections. Neither of these grounds is persuasive. Alternatively, the appeals court agreed with the Government that the Conventions do not apply because Hamdan was captured during the war with al Qaeda, which is not a Convention signatory, and that conflict is distinct from the war with signatory Afghanistan. The Court need not decide the merits of this argument because there is at least one provision of the Geneva Conventions that applies here even if the relevant conflict is not between signatories. Common Article 3, which appears in all four Conventions, provides that, in a "conflict not of an international character occurring in the territory of one of the High Contracting Parties [i.e., signatories], each Party to the conflict shall be bound to apply, as a minimum," certain provisions protecting "[p]ersons ... placed hors de combat by ... detention," including a prohibition on "the passing of sentences ... without previous judgment ... by a regularly constituted court affording all the judicial guarantees ... recognized as indispensable by civilized peoples." The phrase "all the guarantees ... recognized as indispensable by civilized peoples" in Common Article 3 of the Geneva Conventions is not defined, but it must be understood to incorporate at least the barest of the trial protections recognized by customary international law. The procedures adopted to try Hamdan deviate from those governing courts-martial in ways not justified by practical need, and thus fail to afford the requisite guarantees. Moreover, various provisions of Commission Order No. 1 dispense with the principles, which are indisputably part of customary international law, that an accused must, absent disruptive conduct or consent, be present for his trial and must be privy to the evidence against him.

And the ruling goes on. So do you still claim that "USSC has made NO statement about violation of the GA in relation to this case."

The treatment of the detainees by American Forces are not only arguably within the limitations of the GA (no one has proven otherwise, nor has a serious protest been so adjudicated) but are closer to the intent of the GA than has been accorded by any other combatant nation in the last 100 years. Certainly better than how the enemy treats just about anyone they can get their hands on. Stop the blind bush bashing bullshit and think before you spew.

Wrong again, Ape. Speaking of bilious bile. Somehow I doubt that beating prisoners to death or waterboarding is even close to "the intent of the GA".

Quote by: ape It always the same tired line of "we shouldn't act like them", all or nothing, bilious swill. No one is advocating decapitation of living captives. No one is advocating castrating the enemy. As for collateral damage, try telling the shitbags to stop hiding behind women’s skirts to carry out their attacks. Have them put on a uniform and come and fight. Better yet, tell the foreign led scum to stop fighting for the right to maintain a repressive terror driven regime and go the hell home and rethink their perverted view of religion.

Even I don't think you are that stupid. You think that insurgents fighting very successfully in a guerilla war should put on uniforms and line up so that we can shoot them. Sure. Right. That'll happen right after they find Jesus.

And you seem so happy to look the other way when families die in a hail of machine gun fire at a checkpoint or when their house is blown away by JDAM. You seem to be claiming that is their own damn fault for living in the country that your criminal president/emperor chose to invade. America should stand for something more than barbarism.