[CobaltBlue]

Article VI of the United States Constitution:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Third Geneva Convention is a treaty that the United States ratified, thus, is the law of the land, and not, as your author pretends, "international law". Shame on him, as a lawyer he ought to know better.

[mrsmith]

"in a remarkable foray into customary international law, the plurality of four linked the Common Article 3 judicial guarantees to the protections described in Article 75 of the 1977 Protocol I to the Geneva Conventions. "

From the Ruling: "provisions of Commission Order No. 1 dispense with the princi-ples, articulated in Article 75 and indisputably part of the customary international law,"

'Article 75 of of the 1977 Protocol 1' was rejected by the United States.

The court imposed it upon us anyway.

No treaty, no ratification.

[Congressman Billybob]

You miss two very TINY points in your comment. The Third Protocol of the Geneva Conventions, on which the Court relied, was NEVER RATIFIED by the US Senate, as required by the Constitution. The other error is that the Conventions do NOT cover people who wear no uniforms, are not in military units, to not represent a nation, and hide among (and also deliberately attack) the civilian population.

Other than those tiny errors, your comment is spot on.

John / Billybob

[streetpreacher]

I was thinking the same thing. Thanks for pointing that out. The author is clearly reaching.