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View Diary: A War Criminal Confesses: Bush Authorized Torture (72 comments)

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  •  They're not members of armed forces. (0+ / 0-)

    The use of "armed forces" in the Geneva conventions is consistent, and not literal.

    Sadly, the SCOTUS majority completely dodged this issue (in their defense, the government did not raise it) by addressing whether it was a conflict of international character or not.

    The government pretty much screwed the pooch in Hamdan by making the following assertion:

    "The court accepted the Executive's assertions that Hamdan was captured in connection with the United States' war with al Qaeda and that that war is distinct from the war with the Taliban in Afghanistan."

    Thus asserting that Al Qaeda's personel were armed forces party to a conflict.  The SCOTUS didn't end up ruling on that, however.

    No other clarifying case has shed light on the matter.

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