On 6/13/05, Dan Minette <[EMAIL PROTECTED]> wrote:
>
> ----- Original Message -----
> From: "Gary Denton" <[EMAIL PROTECTED]>
> To: "Killer Bs Discussion" <[email protected]>
> Sent: Saturday, June 11, 2005 9:27 AM
> Subject: Re: Gulags
>
> Right away, I wanted to re-establish what the Geneva convention actually
> says.
>
>
>
> >The Geneva Conventions does specify how to handle POWs and all other
> >prisoners.
>
> The relevent section of the covention, from an earlier post of mine:
>
>
> A. Prisoners of war, in the sense of the present Convention, are persons
> belonging to one of the following categories, who have fallen into the
> power
> of the enemy:
>
> 1. Members of the armed forces of a Party to the conflict as well as
> members
> of militias or volunteer corps forming part of such armed forces.
>
> 2. Members of other militias and members of other volunteer corps,
> including
> those of organized resistance movements, belonging to a Party to the
> conflict and operating in or outside their own territory, even if this
> territory is occupied, provided that such militias or volunteer corps,
> including such organized resistance movements, fulfil the following
> conditions:
>
> (a) That of being commanded by a person responsible for his subordinates;
>
> (b) That of having a fixed distinctive sign recognizable at a distance;
>
> (c) That of carrying arms openly;
>
> (d) That of conducting their operations in accordance with the laws and
> customs of war.
>
> AQ doesn't qualify under these provisions. Particularly clear is the fact
> that they do not comply with b.
>
> The Geneva convention is a treaty between governments. It does not cover
> citizens of a country fighting in another country without clearly joining
> the military or militia of that other country and demonstrating it by
> wearing uniforms.
>
> Dan M.
You are focusing on one section in several Geneva Conventions. I will
repeat what I have above.
Common Article 3 of the Geneva Conventions of 1949 and Additional
Protocol II apply to prisoners regardless of the status of the legal
standing of their organization. Common Article 3 also applies to
government clashes with armed insurgent groups.
In addition the 4th Geneva Convention ("Geneva Convention relative to
the Protection of Civilian Persons in Time of War") lays out separate
protections for civilians, including so-called "unlawful combatants."
Article 4 of the 3rd Geneva Convention sets out six distinct
categories of prisoners whom the convention defines as POWs.
--
Gary Denton
Easter Lemming Blogs
http://elemming.blogspot.com
http://elemming2.blogspot.com
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