Friday, January 07, 2005
Torture with a fountain pen
Yesterday on TV, the talking heads were blithering about the Alberto Gonzalez hearing. They were debating whether or not the Geneva Convention applies to the people in Abu Ghraib, Gitmo and other more secret U.S. dungeons. That is, is it OK to torture them?
It says in black and white in The Geneva Convention (Blogrolled on your right):
The Geneva Convention continues:
"Some will rob you with a six-gun and some with a fountain pen," wrote Woody Guthrie.
Alberto Gonzalez is torturing with a fountain pen.
The pain resulting directly from Alberto Gonzalez words -- which stretch the Geneva Convention
beyond recognition -- is real. The screams are real. The devastated lives are real.
No torture. No torture. No torture.
No torturer for U.S. Attorney General.
It says in black and white in The Geneva Convention (Blogrolled on your right):
Article 4:So what part of "militias or volunteer corps" doesn't Alberto Gonzalez understand?
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.
The Geneva Convention continues:
Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.All of the above assumes that the prisoners of U.S. dungeons are, indeed, active enemies. Non-participating civilians, up to 90% of the Abu Ghraib detainees by one account, are subject to a higher standard.
"Some will rob you with a six-gun and some with a fountain pen," wrote Woody Guthrie.
Alberto Gonzalez is torturing with a fountain pen.
The pain resulting directly from Alberto Gonzalez words -- which stretch the Geneva Convention
beyond recognition -- is real. The screams are real. The devastated lives are real.
No torture. No torture. No torture.
No torturer for U.S. Attorney General.
Comments:
The entire section 4 from the treaty is:
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.
Source:www.unhchr.ch/html/menu3/b/91.htm
Maybe its the militias and volunteer groups that dont fulfill conditions a, b, c, and especially d, that Gonzales was thinking about.
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.
Source:www.unhchr.ch/html/menu3/b/91.htm
Maybe its the militias and volunteer groups that dont fulfill conditions a, b, c, and especially d, that Gonzales was thinking about.
# posted by 
: 1/10/2005 4:00 PM
: 1/10/2005 4:00 PM
al-Q terrorists are, according to the Convention, "unlawful combatants." They don't play by the rules, thus no rules apply to them.
The issue is far more complex than you're suggesting, Isen.
Read this overview:
http://writ.news.findlaw.com/dorf/20020123.html
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The issue is far more complex than you're suggesting, Isen.
Read this overview:
http://writ.news.findlaw.com/dorf/20020123.html
# posted by : 1/14/2005 10:56 AM
: 1/14/2005 10:56 AM
