US Occupation jails AP photographer for 5 months and refuses to charge him

[Diesel66]

Originally Posted by WickedLou9

Jose Padilla.

Completely agree, US citizen deserves the entire protection of the Constitution. But what do we do in situations when US citizens are activily fighting against us like in the Civil War and WWII ?

Just capture them as POWs and release them ? Try them for treason ?

Originally Posted by Thorgrim

He wasn't a fighter he was an iraqi citizen who was a photographer working for a US news reporting agency

supposedly. Anyone on the battlefield can be held as a POW.

[Ardentfrost]

Originally Posted by Guide to Geneva Conventions: Civilian Immunity

Sentences and executions without a judgment from a regularly constituted court and without benefit of the standard judicial guarantees are prohibited. (Convention IV, Art. 3)

Originally Posted by Guide to Geneva Conventions: Internment

If an occupying power considers it necessary for imperative reasons of security, it may restrict civilians to assigned residents or to internment. Due process must be followed and internees must have the right of appeal. In addition, cases must be reviewed regularly, every six months if possible. (Convention IV, Art. 78)

Geneva Conventions are not being followed in the case of the OP

[hsmith]

Originally Posted by Diesel66

So when did we sign the cease fire ?

who do you plan on signing a cease fire with

[hsmith]

Originally Posted by Diesel66

since when do they apply to foreigners captured in other nations ?

the only law that applies is the Geneva Conventions.

so we can lockup whoever we want in a foreign country we are "at war with"

[Ardentfrost]

Originally Posted by hsmith

so we can lockup whoever we want in a foreign country we are "at war with"

"occupying"

The war is over... mission accomplished

[hsmith]

Originally Posted by Ardentfrost

"occupying"

The war is over... mission accomplished

it is a global war on terror. Even America is a battle ground. So we can lockup whoever we want wherever we want for whatever reason we need.

Freedom isn't free and these colors don't run!

[Thorgrim]

Originally Posted by Diesel66

Completely agree, US citizen deserves the entire protection of the Constitution. But what do we do in situations when US citizens are activily fighting against us like in the Civil War and WWII ?

Just capture them as POWs and release them ? Try them for treason ?




supposedly. Anyone on the battlefield can be held as a POW.

There is no war, its an occupation

The only war going on is a civil war between shia and sunni and we haven't backed sides in that

[Ardentfrost]

Originally Posted by hsmith

it is a global war on terror. Even America is a battle ground. So we can lockup whoever we want wherever we want for whatever reason we need.

Freedom isn't free and these colors don't run!

Oops, my bad. I forgot we had declared war on an idea.

[DosEquis]

I think we should declare war on fear in hopes to minimize george bush's agenda of terror.

[Ardentfrost]

[WickedLou9]

Originally Posted by Ardentfrost

Oops, my bad. I forgot we had declared war on an idea.

Can we declare war on other things? I mean can I declare war on traffic jams and mosquito bites?

[Ardentfrost]

Originally Posted by WickedLou9

Can we declare war on other things? I mean can I declare war on traffic jams and mosquito bites?

I don't understand what you're saying

[kinggovernor]

Originally Posted by nbiggershaft

I have zero problem with POW's, if we classified people we captured as such then I wouldn't have a problem with it, they atleast get to go home someday and have to be treated decently.

they don't meet the legal definition of POWs and they are going to go home someday

[kinggovernor]

Originally Posted by SpicyMcVoodoo

It's very different. This "war" will never end, and the opposition forces aren't easily identifiable by their uniforms. Now "opposition forces" means are anyone we want for however long we want.

so we shouldn't take detainees in Iraq, just let them run free?

[kinggovernor]

Originally Posted by WickedLou9

Thats not the same. We aren't at war right now. I don't care how much the government tells you we are at war.. we aren't.. There is an ongoing police action in Iraq. We are there with cooperation from the Iraqi government. We are there trying to get rid of a network of criminals bent on disrupting the natural order. This isn't a war in the same sense that WW2 was. It's not even in the same ballpark. It's not even the same sport. Theoreticaly the war on terror could go on forever in some capacity. Since terrorism isn't a place or a government.. it's simply an idea. It can crop up anywhere in any person at any time. It's not like nazi germany can re-emerge from a sleeper cell in cambodia.

we didn't declare a war on fascism during wwII? And my membership at the vfw and medals on my chest make it seems like I went to war

[kinggovernor]

Originally Posted by Ardentfrost

Geneva Conventions are not being followed in the case of the OP

security detainees aren't civilians

[kinggovernor]

Originally Posted by hsmith

so we can lockup whoever we want in a foreign country we are "at war with"

yes, we really can.

[Ardentfrost]

Originally Posted by kinggovernor

security detainees aren't civilians

Oh yeah? Not according to the conventions...

A civilian is any person who does not belong to any of the following categories: members of the armed forces, militias or volunteer corps, organized resistance movements, and residents of an occupied territory who spontaneously take up arms. If there is any doubt whether a person is civilian, then he or she is to be considered a civilian. (Protocol I, Art. 50, Sec. 1)

[kinggovernor]

Originally Posted by Ardentfrost

Oh yeah? Not according to the conventions...

organized resistance movements

please don't try to argue that the resistance in Iraq is not organized

[Ardentfrost]

Originally Posted by kinggovernor

please don't try to argue that the resistance in Iraq is not organized

He was a photographer for the AP, nice try though.