mnealtx 0 #26 March 22, 2006 QuoteYes; and even further: the point being, these prisoners are either “POWs”, or they are “criminal defendants”. There is no “third category”. The classification of “unlawful combatant” is NOT a “third category”; rather, it is used to distinguish from “prisoner of war” so as to not be classified as a POW under the Geneva Convention. But if a prisoner is not a POW then, by default, he must be considered a criminal defendant (in other words, “unlawful combatant” is a subset of “criminal defendant”) and accordingly he must be charged with crimes under some country’s laws, brought before a judicial body, afforded the assistance of counsel and tried by competent evidence with some degree of promptness. Modern international law does not recognize a “limbo” status for these people that does not fall within the classifications of either “POW” or “criminal defendant”. It’s called the rule of law, and it is the ultimate credo of any democratic country, even in times of war. Please show me where "criminal defendants" are discussed in the Geneva Convention? I did a search and couldn't find the terms together except in editorials.Mike I love you, Shannon and Jim. POPS 9708 , SCR 14706 Quote Share this post Link to post Share on other sites
Nightingale 0 #27 March 22, 2006 He's searching for a term to describe them. They are covered under the convention. They either fall under Geneva 3, article 4 (POWs) or Geneva 4, article 4 (Civilian Persons: "Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals.") Geneva 4 is the catch-all that covers everyone not covered by Geneva 3. Quote Share this post Link to post Share on other sites
mnealtx 0 #28 March 22, 2006 Ok, gotcha. Thanks!Mike I love you, Shannon and Jim. POPS 9708 , SCR 14706 Quote Share this post Link to post Share on other sites