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To: angkor
Subjecting a POW to civilian or military legal procedings is a violation of the Geneva Convention. The only exception is after a war and only for war crimes.
19 posted on 01/28/2003 2:52:19 PM PST by Sparta (Statism is a mental illness)
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To: Sparta; Stavka2
Subjecting a POW to civilian or military legal procedings is a violation of the Geneva Convention.

It was wrong for me to say he is a POW, knowing that some would think he is subject to the Geneva Convention on the basis of the term "POW".

Actually the Geneva Convention goes into some detail on the issue of legal combatants. And by any reading of the pertinent definitions, Hamidi is not a legal combatant.

So he is a combatant, but not a legal one, and therefore not subject to the Geneva Convention.

However he remains a combatant nonetheless, and therefore can be incarcerated under the conventions of war, e.g., no lawyers, no habeus corpus.

International law is by no means vague on this issue. Hamidi has no standing whatsoever. However, U.S. law is somewhat vaugue and undefined, so don't go trotting-out these stageplays of outrage and self-righteousness.

Hamidi is a military enemy in a military brig. Period.

35 posted on 01/28/2003 4:26:42 PM PST by angkor
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