From: Gary Britt 


I don't believe you are correct George.  I believe they ruled that Common
Article 3 applied to everyone at Gitmo.

As to my understanding of law, its like everything else.  I don't know
everything, for that I'll have to defer to the non-lawyers among us.

Gary

Geo. wrote:
> 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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