Article 4 paragraph 2 of the Fourth Geneva Convention: Nationals of a State which is not bound by the Convention are not protected by it. Nationals of a neutral State who find themselves in the territory of a belligerent State, and nationals of a co-belligerent State, shall not be regarded as protected persons while the State of which they are nationals has normal diplomatic representation in the State in whose hands they are.
On 7/11/05, Jochem van Dieten <[EMAIL PROTECTED]> wrote: > Sam wrote: > > > > The prisoners in Gitmo didn't honor the Geneva Convention so it does > > not apply to them. > > Could you elaborate as to which part of the Geneva Conventions you are > referring to? I can not reconcile that statement with what I read in them. > > Many of the people in Gitmo are to be considered PoWs under article 4a2 and > 4a5 of the Third Geneva Convention. Any disagreement as to whether certain > detainees can claim to be PoW has to be resolved following the procedures > under article 5 of said convention. Until such proceedings have resolved the > issue the detainees are to be considered PoWs. > Proceedings under article 5 have not taken place so everybody claiming to be > a PoW is to be considered a PoW and to be treated as such. > > Furthermore there are those in Gitmo who are labelled 'saboteurs'. Even if we > accept that label these people are still protected unther the Geneva > Conventions. Under article 5 of the Fourth Geneva Convention these people are > to be considered protected people that have lost their communication rights > for as long as required for the security detaining party. All other rights > remain intact, and one can hardly claim that it is still in the interest of > US state security not to permit these people the communication privileges > normal PoWs have. > > > If you feel I have missed something in my summary of the position of the > Geneva Conventions on the people detained in Gitma, please be specific as to > which articles of which convention you feel I have missed. > > Jochem > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Purchase Dreamweaver with Homesite Plus from House of Fusion, a Macromedia Authorized Affiliate and support the CF community. http://www.houseoffusion.com/banners/view.cfm?bannerid=54 Message: http://www.houseoffusion.com/lists.cfm/link=i:5:164254 Archives: http://www.houseoffusion.com/cf_lists/threads.cfm/5 Subscription: http://www.houseoffusion.com/lists.cfm/link=s:5 Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=11502.10531.5 Donations & Support: http://www.houseoffusion.com/tiny.cfm/54
