U.S. calls Saddam an 'EPW' not POW

New York Daily News ^ | 1/12/04 | James Gordon Meek

[kattracks]

WASHINGTON - Saddam Hussein has been designated an EPW, not a POW, the Pentagon clarified yesterday. The enemy prisoner of war designation, cited by Pentagon spokeswoman Megan Grafton, may be used by the feds to get around the prisoner of war protections the U.S. agreed to when it signed the 1948 Geneva Convention, a legal expert said.

"I've never heard the term EPW used," said Michael Noone, a retired Air Force JAG officer who teaches law at Catholic University. "It's certainly not in the Geneva Conventions."

He said the Defense Department "might be using the EPW designation to justify some sort of interrogation," which is being handled by the CIA.

POW protections would also spare Saddam the death penalty, which the U.S. has indicated it expects Saddam would get if he is tried by an as-yet nonexistent Iraqi court.

POWs also get humanitarian visits by the International Red Cross, whose requests to see Saddam have so far been rebuffed.

James Gordon Meek

[optimistically_conservative]

POW protections would also spare Saddam the death penalty

As far as I know, that's not true.

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[kingu]

Newsflash, Mr. Meek, there are Iraqi judges. There are Iraqi courts. There is a new Iraqi army division. There are Iraqi police. And soon, there will be a top-level Iraqi government.

Saddam's trial could be done right now, but I think the United States is right to hold him for them until they get their government fully organized. Everyone needs a party favor when it's time to celebrate, Mr. Meek.

[300winmag]

"I've never heard the term EPW used," said Michael Noone, a retired Air Force JAG officer who teaches law at Catholic University. "It's certainly not in the Geneva Conventions."

No, it isn't. If he had been paying attention in his JAG classes, he'd have known it's a valid classification adopted by the US government. Since we were never technically at war with Iraq, the uniformed and leadership prisoners are EPWs, and not POWs. It still beats being fed into the shredder.

[F14 Pilot]

Yes, I agree... Nuremberg court brought death penalties for some of Nazis' leaders. Right?

[Eagle Eye]

Geez Louise, guys, EPW is really just a new term for POW and not invented for Saddam. They don't have POW camps, they have EPW camps.

[Lion Den Dan]

The term EPW has been in official use since 1997 or there about. This guy is surely not current for a prof.

[Jackson Brown]

[i]"I've never heard the term EPW used," said Michael Noone, a retired Air Force JAG officer who teaches law at Catholic University.[/i]

See DOD document at (sorry PDF and 87 pages) it outlines EXACTLY the EPW designation and how it is applied --
http://www.au.af.mil/au/awc/awcgate/law/ar190-8.pdf

It was "published" in 1997 and Noone, retired from the Air Force in 1978.

[XHogPilot]

Following is a snippet on the US interpretation of the Geneva accords as relates to PWs and the death penalty.

Army Regulation 190–8
OPNAVINST 3461.6
AFJI 31-304
MCO 3461.1

Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees

3–8. Judicial proceedings
i. (2) (2) If the death sentence is pronounced, it will not be carried out until 6 months have passed from the date the Protecting Power received the U.S. notice of the judgment and sentence.

[Ragtime Cowgirl]

WASHINGTON - Saddam Hussein has been designated an EPW, not a POW, the Pentagon clarified yesterday.
~~~~~~~~~~~~~~~~~~~~~~~~~

Know your enemies (foreign and domestic (NGOs + putting Saddam's welfare ahead of our troops)), ping!

[Preech1]

AM I the only one who finds it suspicious that a New York Paper is quoting a source named "No One"...as in Michael No-one...?

[tiamat]

I don't think so , either.

POW status means that Saddam could NOT be remanded to a third party , ( Like the ICC ). He can ONLY be returned to his country of origen. If the Iraqis have the death penalty once we give him back to them, what thy do is their business.

I had frankly thought he was being named POW to keep the Hague from getting their hands on him.....

Tia

[Jonah Hex]

This guy must have been out of the JAG loop for a long time. We were processing EPWs for "catch and release" after the first Gulf War.

[mark502inf]

EPW refers to enemy prisoners of war that we hold. POW refers to friendly prisoners of war held by the enemy. Nothing significant in the legal sense.

[kjam22]

Soon to be a DICEPW?

[17th Miss Regt]

There was a case in WW II in which German POWs murdered another POW for giving information about the Hamburg area to Allied interrogators. Several German POWs were sentenced to death for the murder and the sentence was carried out. The German government did not have too much indigestion over this as the Swiss reported that the trial was fairly conducted. See the book "Extreme Justice". Also, some American POWs were tried for sabotage for setting an ammunition train on fire while they were escaping from a POW camp. They were convicted and sentenced to death. The sentence was carried out in 1944. POW status does not necessarily protect one from a death sentence.

[prairiebreeze]

RC, we need to stick to Saddam's proper designation which of course is:P

EWWWWW!

Prairie :^D

[mark502inf]

POW status does not necessarily protect one from a death sentence.

Exactly--nor does it protect from trial or punishment for any crimes. POW status is intended to apply to combatants under your control that you are holding until, normally, the end of the war. Being a combatant or a POW is not a crime and POWs are not criminals nor treated as such.

However, when someone commits or has commited a crime, they are charged and tried as a criminal whether they are a POW or not. It is completely normal and legal to hold Hussein as an EPW in his status as commander of Iraqi forces and then also charge & try & sentence him for any criminal acts he "allegedly" committed.

[Ragtime Cowgirl]

Lol, morning, prairie!

Can you believe those who still defend him? I think today's Saddam apologists are in a race with the free (thanks to Pres. Bush and our awesome US troops) Iraqis who are gaining more access to the outside world daily through free (thanks to Pres. Bush and our awesome US troops) press, telephone and the net.

It's going to be difficult to silence millions of Saddam's victims in the years ahead...though we know, through Duranty, Stalin and the NY Times, our opponents (the enemies of freedom) will try.