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echo: barktopus
to: All
from: Geo.
date: 2007-06-17 17:18:48
subject: Re: `a landmark victory for the rule of law and a defeat for uncheckede

From: "Geo." 

The SC ruled that it applies to citizens in the US who get arrested and
sent to gitmo. It does not apply to everyone in gitmo since there are many
international types there. If you are a US citizen then obviously it's not
international since you are a national.

I thought you understood law?

Geo.

"Gary Britt"  wrote in message
news:467550d7$1{at}w3.nls.net...
> No George you aren't keeping up with current events.  I and apparently you
> and the Bush administration and the DC Circuit Court of Appeals all agreed
> that common article 3 does not apply for the reason you've identified, but
> the 4 solidly liberal don't give a shit what the document says I'm going
> to pretend it says something else members of the Supreme Court got Justice
> Kennedy to go along with them and the Supreme Court has already ruled that
> common article 3 applies to the people at Guantanamo and all other enemy
> combatants/illegal enemy combatants.
>
> Gary
>
> Geo. wrote:
>> "Gary Britt"  wrote in message
>> news:46742bf9$1{at}w3.nls.net...
>>> I said in or implied in George, and the Supreme Court did rule that they
>>> have to comply with common article three of the GENEVA CONVENTION.  So
>>> absolutely yes.
>>
>> I think you're confused. Article 3 doesn't appear to apply at all since
>> this is of an international character.
>>
>> Geo.
>>
>> Article 3
>>
>> In the case of armed conflict not of an international character occurring
>> in the territory of one of the High Contracting Parties, each party to
>> the conflict shall be bound to apply, as a minimum, the following
>> provisions:
>>
>> 1. Persons taking no active part in the hostilities, including members of
>> armed forces who have laid down their arms and those placed hors de
>> combat by sickness, wounds, detention, or any other cause, shall in all
>> circumstances be treated humanely, without any adverse distinction
>> founded on race, colour, religion or faith, sex, birth or wealth, or any
>> other similar criteria.
>>
>> To this end the following acts are and shall remain prohibited at any
>> time and in any place whatsoever with respect to the above-mentioned
>> persons:
>>
>> (a) Violence to life and person, in particular murder of all kinds,
>> mutilation, cruel treatment and torture;
>>
>> (b) Taking of hostages;
>>
>> (c) Outrages upon personal dignity, in particular, humiliating and
>> degrading treatment;
>>
>> (d) The passing of sentences and the carrying out of executions without
>> previous judgment pronounced by a regularly constituted court affording
>> all the judicial guarantees which are recognized as indispensable by
>> civilized peoples.
>>
>> 2. The wounded and sick shall be collected and cared for.
>>
>> An impartial humanitarian body, such as the International Committee of
>> the Red Cross, may offer its services to the Parties to the conflict.
>>
>> The Parties to the conflict should further endeavour to bring into force,
>> by means of special agreements, all or part of the other provisions of
>> the present Convention.
>>
>> The application of the preceding provisions shall not affect the legal
>> status of the Parties to the conflict.
>>

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