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I was not talking about civilians at all. I was talking about armed attackers not attached to any foriegn power.
Fair enough.
Solders are going to break laws just like their civilian counter parts. Individual acts of military personal not under orders do not represent the US or it's government in these actions. So this is covered by civilian law or the UCMJ, not the United Nations or any such tribunal under the Geneva Accords.
Yes we try our own that doesn't mean that individual soldiers can't violate the Geneva Conventions.
I do not think that article 3 covers the detainees only because they are not considered "members of armed forces" or civilians.
It is also stated...
"Furthermore, although the Convention, as a concession to legal form, provides that in certain circumstances a Contracting Power may legally be released from its obligations, its spirit encourages the Power [p.27] in question to persevere in applying humanitarian principles, whatever the attitude of the adverse Party may be."
So according to the Accords themselves, I don't see any clear violation by the government. Just some detestable acts by some misled and detestable solders acting on their own.
Well I would tend to agree but in so far as the SCOTUS's interpretation of "not of an international character" in the Hamdan case is laughable as it was clearly meant to apply only to civil wars. However, due to their interpretation of "not of an international character" and the following paragraph:
(1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed ' hors de combat ' by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
International Humanitarian Law - Third 1949 Geneva Convention
All detainees are entitled to limited GC protections.