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View Diary: Due process at Guantánamo (78 comments)

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  •  Indeed. (1+ / 0-)
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    Unduna

    In fact the Geneva Convention presupposes this status.  Otherwise it would not have listed categories of people entitled to protection.  It would have simply stated "all captured aliens."

    Our own law has also recognized that one could be an unlawful combatant.  See Ex Parte Quirin.  Same goes for international legal pronouncements.  

    If civilians directly engage in hostilities, they are considered 'unlawful' or 'unprivileged' combatants or belligerents (the treaties of humanitarian law do not expressly contain these terms). They may be prosecuted under the domestic law of the detaining state for such action

    http://www.icrc.org/...

    •  "they may be prosecuted under the (0+ / 0-)

      domestic law of the detaining state"

      Well, that's not happening either.

      I see the "may", but is the implication that such a prosecution "may" occur because the combatant isn't POW or that legal (fair) prosecution is negligible?

      "In all chaos there is a cosmos, in all disorder, a secret order." Carl Jung

      by Unduna on Wed Dec 19, 2007 at 10:19:06 AM PST

      [ Parent ]

      •  Well, the MCA is domestic law (1+ / 0-)
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        Unduna

        As are the laws of war which also make part of our doemstic law.  See UCMJ.

        "May" is there because the detaining power retains discretion whether or not to prosecute.  It may choose to do so, or may choose not to do so.

        •  Yup. (0+ / 0-)

          Justice is negligible. A predictable answer...why'd I ask....

          Thanks, Drgrishka1. Good info. (Sorry for the sarcasm, but I can't seem to help it.)

          "In all chaos there is a cosmos, in all disorder, a secret order." Carl Jung

          by Unduna on Wed Dec 19, 2007 at 10:50:13 AM PST

          [ Parent ]

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