I could be wrong but I was under the impression the Geneva Convention
applied whether or not an individual was thought to have honored it
himself. 

Otherwise it's useless. You tortured our soldiers now we get to torture
you because you didn't follow the rules therefore we don't have to
follow them either.



-----Original Message-----
From: Jochem van Dieten [mailto:[EMAIL PROTECTED] 
Sent: Monday, July 11, 2005 11:26 AM
To: CF-Community
Subject: Re: speaking of

Sam wrote:
>
> The prisoners in Gitmo didn't honor the Geneva Convention so it does
> not apply to them.

Could you elaborate as to which part of the Geneva Conventions you are
referring to? I can not reconcile that statement with what I read in
them.

Many of the people in Gitmo are to be considered PoWs under article 4a2
and 4a5 of the Third Geneva Convention. Any disagreement as to whether
certain detainees can claim to be PoW has to be resolved following the
procedures under article 5 of said convention. Until such proceedings
have resolved the issue the detainees are to be considered PoWs.
Proceedings under article 5 have not taken place so everybody claiming
to be a PoW is to be considered a PoW and to be treated as such.

Furthermore there are those in Gitmo who are labelled 'saboteurs'. Even
if we accept that label these people are still protected unther the
Geneva Conventions. Under article 5 of the Fourth Geneva Convention
these people are to be considered protected people that have lost their
communication rights for as long as required for the security detaining
party. All other rights remain intact, and one can hardly claim that it
is still in the interest of US state security not to permit these people
the communication privileges normal PoWs have.


If you feel I have missed something in my summary of the position of the
Geneva Conventions on the people detained in Gitma, please be specific
as to which articles of which convention you feel I have missed.

Jochem



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