Thursday, June 29, 2006

The SCOTUS Hamdan Decision


We deserve what we get at this point, since we insist on treating terrorist as soldiers and the "War on Terror" as a law enforcement problem. For the record I am all for treating every human being with compassion and dignity, but while American citizens are being killed our courts and our congress extend every legal courtesy to our adversaries. Wake the hell up. Mark Levin, is much more up on this stuff than I am and he has written a great critique, here's the gist, but do read the whole thing:

Let's look at the relevant Geneva Convention. First point - since when does a party that has NOT signed a treaty, and does not comply with a treaty, become a part of such a treaty? The Geneva Convention relating to the treatment of prisoners of war provides, at Article 4, that —
"A. Prisoners of war ... 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, fulfill 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."

1 comment:

zaphod said...

This is a shockingly bad decision. Most of the criticism has focused on the Geneva Convention protections the Court extended to the Gitmo prisoners. While risible, as a practical matter, this aspect of the decision won't change our treatment of the detainees very much.

The truly appalling develoment is the way the Court so casually usurped the powers of the Executive while blowing through the check on the Court's power erected by Congress with the Detainee Treatment Act of 2005. Congress specifically restricted the Court's jurisdiction with respect to this matter which is Congress' Constitutional perogative but our robed masters basically responded by telling Congress to "piss off".

So much for government of the people...