Excellent question because this was the exact argument Bush used to get around the Geneva Convention in the treatment of G.Bay prisioners.
This question was examined by the US Supreme Court in July... finding that the prisoners ARE protected under the Geneva Convention. In summary, they basically said you can't pick and choose when or when not to follow the Geneva Convention. That it is meant to be the standard for ALL types of prisoners when at war.
With that said, they went on to order Bush to go back to congress and work out the procedure for each prisoners trials, that under the G.Convention, they have a right to.
I saw on The Newshour, how Bush was finally making those ordered arrangements for the trials... if he doesn't, he is walking a fine line of being charged with war crimes.
2006-09-08 12:00:25
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answer #1
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answered by BeachBum 7
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They were not wearing uniforms (as geneva convention rules state they should), so the rules do not apply to them. They do not represent a country, just an ideal.
If they were members of a nations army, it would be different. They are terrorists.
2006-09-08 18:58:51
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answer #2
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answered by Anonymous
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Al Qeada is not under the protection of the Geneva convention.
For protection you have to be a uniformed member of a nations army. Al Qeada fighters are not.
Convention I offers protections to combatants, who are defined as members of the armed forces of a party to an international conflict, members of militias or volunteer corps including members of organized resistance movements as long as they have a well-defined chain of command, are clearly distinguishable from the civilian population, carry their arms openly, and obey the laws of war.
tee shirts and jeans dont cut it,
A mercenary is any person who is specially recruited in order to fight in an armed conflict, who takes a direct part in the hostilities, who is motivated by money and is promised substantially higher pay than that paid to other combatants of similar rank, who is not a national of one of the countries involved in the conflict nor a resident of a territory controlled by any of the parties, is not a member of the armed forces of any of the parties, and who has not been sent by another country on official duty as a member of its armed forces. (Protocol I, Art. 47)
A mercenary does not have the right to be a combatant or a prisoner of war
Some are trying to change who are protected .
War crimes genocide
Genocide is a violation of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.
It is a crime under international law both in peace and in times of war and is defined as acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group.
Al Qeadas goal is to destroy the US and non Muslims. so they are guilty of war crimes.
2006-09-08 19:00:16
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answer #3
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answered by DaFinger 4
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We say we are fighting a war on terror. Then these people are entitled to be treated as prisoners of war. End of story. We can play all sorts of games and degrade ourselves in the process.
We are better than that...
2006-09-08 19:06:55
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answer #4
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answered by KERMIT M 6
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They have no legal rights, nor should they, until they decide to wear the uniform of a specific nation, and discontinue to intentionally target civilians or use them as human shields.
They have forfeited all legal rights once they become the coward terrorist they are.
2006-09-08 19:01:20
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answer #5
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answered by jh 6
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yes i think they are captives of war, that is what bush calls it war so i would have to say yes a uniform could be a tshirt and jeans if that is what you would want your army to ware as a uniform.
2006-09-08 19:02:33
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answer #6
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answered by Anonymous
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they are terrorist and the rules don't apply
2006-09-08 19:03:51
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answer #7
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answered by Anonymous
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