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| | CCC - "Illegal Combatants" and the Law of Armed Conflict |
 | | A terrorist or other "illegal combatant" who trades upon his adversary's respect for the law is, in effect, using the law as a weapon. | | | The legal immunity of the combatant is logically derived from the reciprocal rights and obligations of belligerents in war, and may, indeed, go unrecognized when such reciprocity is absent. | | | Combatants who are also civilians must inevitably tread so close to the line separating deception from treachery that the law can offer them scant protection. |
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http://www.ccc.nps.navy.mil/rsepResources/si/aug02/law.asp
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| | Unlawful combatant - Wikipedia, the free encyclopedia |
| | Unlawful combatants may retain rights under the Fourth Geneva Convention in that they must be "treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial". | | | Not wearing the uniform of a sovereign nation (as in spying) or not being under the command authority of a recognizable entity are the chief reasons for a combatant to be classified as "unlawful". | | | In which case the "unlawful combatant" does not have the "rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State". |
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http://en.wikipedia.org/wiki/Illegal_combatant
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| | Hit and Run |
| | The U.S. Supreme Court dealt with the rights of illegal combatants in the WWII case involving the German saboteurs, and what Bush is doing is consistent with that case. | | | Illegal combatants have no rights that I know of under international law, and only the most minimal rights under the Constitution. | | | This means that we have many more of them to deal with than usual, and of course we are dealing with them in the age of competing 24 hour news channels. |
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http://www.reason.com/hitandrun/2003/07/where_do_the_ba.shtml
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| | Provision for Legal Detention of Unlawful Combatants |
| | The court was silent about indefinite detention of similar illegal combatants. | | | Obviously, in cases of "rebellion or invasion," other measures can be taken and Congress should make a provision for dealing with these new illegal combatants in a thoughtful and formal way. | | | Via legislation, Congress should provide the temporary authority for the executive branch to detain those who it has strong reason to believe are part of the foreign network at war with the United States. |
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http://www.suite101.com/article.cfm/392/93122
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| | political discussion forum |
| | Even if one is considered to be an illegal combatant, they still must be treated humanely and allowed access to the same legal representation that other criminals are allowed. | | | The primary difference between legal and illegal combatants, under the GC, is the right to repatriation. | | | In short, illegal combatants are treated as common criminals with no specific rights under the GC. |
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http://www.network54.com/Forum/thread?forumid=238025&messageid=1110818587&lp=1110931561
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| | DefenseLINK News: Coalition Holds 2,000 Prisoners in Umm Qasr; 7,000 Others Released |
| | Goetzke described illegal combatants as individuals who were not wearing uniforms and not carrying arms in an open manner. | | | Captives are put into one of three categories: enemy prisoner of war, illegal combatants or criminals. | | | Others are being held because they are deemed to warrant "further interrogation by (military intelligence) screening teams" and other investigators. |
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http://www.defenselink.mil/news/May2003/n05082003_200305083.html
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| | News@UofT -- Commentary: Prisoners of words? -- January 28, 2002 |
| | It is the desire for trials, and not the desire for mistreatment, that is behind the unusual term “illegal combatant,” coined for the Guantanamo-based prisoners. | | | Every prisoner — whether a “prisoner of war” in Stalag 13, an “illegal combatant” at the Guantanamo base or an ordinary inmate at San Quentin — has the right to humane imprisonment. | | | But while the United States cannot avoid humanitarian standards by avoiding the Geneva Convention terminology, it is anxious to avoid the connotation of innocence attached to the more standard “prisoner of war” label. |
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http://www.newsandevents.utoronto.ca/bin2/thoughts/comment020128.asp
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| | Does Human Rights Law Apply to Terrorists? - Middle East Quarterly - Fall 2004 |
| | Their lawyers took the case all the way to the Supreme Court, which ruled against them. | | | According to Amnesty International, U.S. detention of illegal combatants violates ICCPR clauses against arbitrary arrest or detention. | | | To blur this distinction and to unnecessarily apply the Geneva Conventions to illegal combatants would erode that distinction and constitute not only a legal mistake, but an ethical one as well. |
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http://www.meforum.org/article/651
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| | Captain's Quarters: Comment on Stop The Presses: CIA Uses "Harsh" Interrogation Techniques on Al-Qaeda Leaders |
| | Second, illegal combatants are not eligible for trials, they are only guaranteed military tribunals and not in any particular time frame. | | | By the way, the people in question are not US citizens, and while the same codes apply to illegal combatants regardless of citizenship, the administration has allowed US citizens access to the US legal system, such as Jose Padilla. | | | They are in Egypt or Jordan, etc. where the rule of law allows torture. |
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http://www.captainsquartersblog.com/mt/mt-comments.cgi?entry_id=1577
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| | Analysis: The Truth on 'Gitmo' Prisoners |
| | The key to understanding the prisoners' status is the phrase the administration is now applying to them, "illegal combatants." That is borrowed from Quirin, which is short, unanimous and written in plain English, virtues lacking in most modern Supreme Court decisions. | | | During their trial in July 1942, the defendants filed petitions for habeas corpus in the U.S. District Court for the District of Columbia. | | | The court did not refer to the Geneva Convention; however, it did cite its predecessor, the fourth Hague Convention of 1907. |
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http://www.freerepublic.com/focus/fr/617234/posts
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| | Froggy Ruminations: Why NOT Just Give Them a Trial? |
| | Unfortunately, the Bush administration has already needlessly given enemy combatants access to US Courts in the form of hearings and the SCOTUS has allowed them to petition writs of habeas corpus. | | | Much in the way giving privileges to illegal combatants encourages illegal behavior amongst terrorists; giving terrorists rights to due process would encourage US troops to violate the Law of Warfare as well. | | | As a matter of US and international law, illegal combatants (those who do not distinguish themselves from civilians and in fact target them) have no claim to the PRIVILEGES afforded Prisoners of War. |
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http://froggyruminations.blogspot.com/2005/06/why-not-just-give-them-trial.html
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| | NewsMax.com: Commentmax Archives |
| | A recent appeals court filing by the Justice Department in the Yasser Esam Hamdi case argued that enemy combatants do not have the right to a lawyer. | | | When we talk about constitutional protections during wartime, it is important to distinguish three categories of action: crimes, acts of war and illegal acts of war. | | | They can be held by the government indefinitely and civilian courts have no standing to intervene. |
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http://www.newsmax.com/commentmax/get.pl?a=2002/6/20/181721
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| | AMERICAN BAR ASSOCIATION TASK FORCE ON TREATMENT OF ENEMY COMBATANTS PRELIMINARY REPORT |
| | Instead of debating the germane question of how the court should decide whether one is a combatant- their discussion only went to how much fairer a judicial trial is than an administrative determination- they completely ignored that there is no Constitutional authority for any judicial trial of combatants. | | | None of the panel recognized that if Padilla, like Hamdi, is a combatant his treatment is not determined under the Constitution (law of the land) but under the law of nations. | | | The term Unlawful Combatant is one that has no legal meaning under US Law or International Convention. |
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http://freerepublic.com/focus/news/731501/posts
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| | Camp X-Ray - Freepedia |
| | On June 28, 2004 the Supreme Court ruled that "enemy combatants" such as those held in Guantánamo can challenge detentions but can also be held without charges or trial. | | | On 10 January 2004, 175 members of both houses of Parliament in the UK had filed an amici curiæ brief to support the detainees' access to USA jurisdiction. | | | Taliban members could be and were released from U.S. custody, but the U.S. does not recognize al-Qaida members as falling under this convention. |
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http://en.freepedia.org/Camp_X-Ray.html
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| | Warblogging.com: Those killed in Fallujah not Mercenaries — Read in the White House |
| | It is illegal to employ mercenaries in combat, and it is also illegal to work as a mercenary. | | | In fact, the International Committee of the Red Cross notes in its commentary on Article 47 of the Geneva Conventions of 1949 that "since 1968 the United Nations General Assembly has adopted a firm position stating that the practice of employing mercenaries against national liberation movements is a criminal act... | | | It simply makes you a criminal who may be punished according to local laws for engaging in hostilities. |
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http://www.warblogging.com/archives/000817.php
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| | End the War on Freedom - "Illegal Combatants" My Ass! |
| | Prosecuting its undeclared and illegal war in Afghanistan, Iraq, and elsewhere, it is holding several hundred individuals captive at that base, denying them due process on the ludicrous and self-serving grounds that they are not in the United States and, therefore, the protections afforded by the Constitution and the Bill of Rights don't apply. | | | In case you have been hermetically sealed in a cave somewhere--or simply been limited exclusively to watching and listening to the whorishly "embedded" American "news" media--you may not know that the United States government has been up to some astonishingly ugly business at its military base in Guantanamo, Cuba, and in other places. | | | Some have been held there without charges or legal representation for over two years. |
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http://www.billstclair.com/blog/040607.html
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| | Hexapedia - War on Terrorism |
| | Many persons state that the term 'illegal combatant' has no meaning under international law and serves to justify denying these detainees rights granted to POWs under the Geneva convention. | | | However, the U.S. position is that the detainees do not fall under any of the categories of combatants or noncombatants protected by the Geneva or Hague conventions (See Camp X-ray for further details. | | | The law is part of the legal war against terrorism and was approved definitely by 62-6 (all opposers were Arab Knesset members). |
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http://www.hexafind.com/encyclopedia/War_on_Terrorism
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| | U.S.Govt.has No Authority to declare anyone an "Illegal Combatant!!!" : Houston Indymedia |
| | So why were homegrown Terrorists and "Illegal Combatants" like McVeigh and Nichols treated differently and given full legal rights that the Afghanis the U.S.Military kidnapped and then imprisoned in Guantanamo Bay were refused? | | | unanimously declared them "Illegal Combatants" (which incidentially is a phrase or designation that does not exist,nor ever existed in International Law nor in American Jurisprudence...until that is the Bush Regime came into power and made up that self serving appelation!) | | | U.S.Govt.has No Authority to declare anyone an "Illegal Combatant!!!" |
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http://houston.indymedia.org/print.php?id=31938
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| | TalkLeft: ACLU to Get Abu Ghraib Torture Photos |
| | The issue isn't whether the detainees are POWs or "illegal combatants" or any other designation. | | | Are you suggesting that because, by your definition, these detainees are not entitled to the protections of the Geneva Conventions (a definition with which I vigorously disagree), the use of torture is therefore both permissible and laudable? | | | You can obfuscate with the POW/Illegal Combatant/Geneva Conventions smoke screen, but the facts remain: our troops committed egregious abuse of detainees. |
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http://www.talkleft.com/new_archives/010965.html
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| | Fighting in civilian clothes illegal? |
| | use a specific form when it authorized the war that makes it illegal. | | | dressed in Official Uniforms is an illegal combatant. | | | >use a specific form when it authorized the war that makes it illegal. |
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http://www.weddingmanual.co.uk/showthread/t-2406.html
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| | Aljazeera.Net - US court: Guantanamo tribunals illegal |
| | In its decision, the court also said unless military commission rules were changed to conform to the Uniform Code of Military Justice, Hamdan should not be tried by the commissions and should be moved from a prison wing for those awaiting trial to the general population. | | | The court ruled in favour of Hamdan's habeas petition and against the | | | It was only after a Supreme Court decision in June that allowed them to challenge their detentions in a federal court that the government established the Combatant Status Review Tribunals to evaluate their cases. |
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http://english.aljazeera.net/NR/exeres/78E09E98-85CC-4B89-AAF9-2A30DD8A5E83.htm
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| | PoWs or Illegal Combatants? |
| | So there is nothing legal about the term "illegal combatants", it was invented by the Americans to justify their own brutalities against the prisoners of the illegal American war against Afghanistan. | | | A war for any other purpose is illegal. | | | Before we proceed to consider the difference between Prisoners of War and Illegal Combatants we have to agree with the American administration that the Geneva Convention is obsolete. |
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http://www.shamsali.com/taj/pows.html
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| | TalkLeft: Bush on 'Illegal Non-Combatants' |
| | Posted by Brian Balta at November 20, 2003 11:05 PM I wonder if part of the problem/reason for the name change is the fact that the phrase "Enemy combatants" is now being challenged in court. | | | PRESIDENT BUSH: These are -- justice is being done. | | | Posted by Michael at November 20, 2003 04:14 PM "illegal noncombatants"??? |
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http://talkleft.com/new_archives/004407.html
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| | LP: Judge rules Guantanamo tribunals illegal (Supreme Court Decision;Violations of Geneva Convention) |
| | FAIR USE NOTICE: The above may be copyrighted material, and the use of it on LibertyPost.org may not have been specifically authorized by the copyright owner. | | | Green, handling claims filed by more than 50 detainees, said the US Supreme Court made clear last year that they had constitutional rights that lower courts should enforce. | | | LP: Judge rules Guantanamo tribunals illegal (Supreme Court Decision;Violations of Geneva Convention) |
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http://www.libertypost.org/cgi-bin/readart.cgi?ArtNum=83169
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| | Mercenary - Wikipedia, the free encyclopedia |
| | That tribunal may decide that the person is a mercenary using criteria in APGC77 or some domestic law equivalent. | | | (c) is motivated to take part in the hostilities essentially by the desire for private gain and, in fact, is promised, by or on behalf of a Party to the conflict, material compensation substantially in excess of that promised or paid to combatants of similar ranks and functions in the armed forces of that Party; | | | The only exception to GC IV Art 5 is if they are a national of the authority which is holding them but in which case they would not be a mercenary under APGC77 Art 47.d. |
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http://en.wikipedia.org/wiki/Mercenary
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| | Warblogging.com: US Marines Violate UN Demilitarized Zone — Read in the White House |
| | According to international law combatants must "wear uniforms and carry their weapons openly during military operations and during preparation for them. | | | I'll begin by addressing the issue of the Geneva Conventions. | | | The al-Qaeda and Taliban members currently detained as "enemy combatants" at Guatanomo Bay, Cuba are classified as "illegal combatants" by the United States for a singular reason: they did not wear proper uniforms. |
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http://www.warblogging.com/archives/000530.php
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| | Israel: Opportunistic Law Condemned (Human Rights Watch, 7-3-2002) |
| | Megally said the law would be applied retroactively to continue the illegal detention as hostages of 'Obeid and al-Dirani. | | | The new law is just another example of Israel ignoring and manipulating international legal standards to suit its own purposes | | | Thirteen such hostages were released after the ruling, but 'Obeid and al-Dirani have remained in detention. |
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http://www.hrw.org/press/2002/03/israel0307.htm
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| | BBC NEWS World Middle East Iraq detainees 'not going to Cuba' |
| | It has said that as such they fall outside the scope of the Geneva Convention, governing the treatment of POWs, and can be refused access to lawyers or a court. | | | The UK military reportedly wants all such individuals - including paramilitaries - to go before the new international criminal court. | | | The US has argued that some of the detainees may be so-called "illegal combatants" because of their involvement with paramilitary squads and attacks on the US-led forces. |
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http://news.bbc.co.uk/1/hi/world/middle_east/2905479.stm
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| | UN's Human Rights Chief: US Detainees Held In Cuba Are POWs |
| | Robinson said most legal experts disagreed with Washington's view that the fighters were "illegal combatants" and therefore not protected by the Geneva Conventions on prisoners rights. | | | the overwhelming view of legal opinion is that they were combatants in an international armed conflict," the United Nations High Commissioner for Human Rights told reporters. |
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http://www.rense.com/general19/UNshuman.htm
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| | Illegal Combatants in Illegal War |
| | But this redefinition is itself a breach of Article 4 of the third convention, under which people detained as suspected members of a militia (the Taleban) or a volunteer corps (Al-Qaeda) must be regarded as prisoners of war. | | | The same claim could be made, with rather more justice, by the Iraqis holding the US soldiers who illegally invaded their country. | | | The US government claims that these men are not subject to the Geneva conventions, as they are not “prisoners of war”, but “unlawful combatants”. |
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http://www.geocities.com/hal9000report/hal104.html
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| | Slant Point: I'm Sorry, But This is Absolute Crap |
| | Illegal combatants can be tried for crimes and then punished with a death sentence. | | | Strangely, if we had just held a trial for each of them and then hung them, it would have been perfectly legal. | | | Maybe that's what the US should do right now. |
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http://www.slantpoint.com/mt-arx/2005/06/im_sorry_but_th.php
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| | ZenPundit |
| | In the Saboteur's Case (Ex parte Quirin & Ors.)(1) the Supreme Court of the U.S.A. in 1942 treated disguised saboteursas being in the same position as spies. | | | By *universal agreement and practice* the law of war draws a distinctionbetween the armed forces and the peaceful populations of belligerentnations7 and also between [317 U.S. 1, 31] those who are lawful andunlawful combatants. | | | Lawful combatants are subject to capture anddetention as prisoners of war by opposing military forces. |
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http://zenpundit.blogspot.com/2005/03/why-bush-administration-is-correct-to.html
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| | What is an Illegal Combatant? A conversation |
| | Look, George's actions are legal because he was told to do them by the American government. | | | This is illegal, because George is an American and is therefore Good. | | | Ben is an illegal combatant because the government he is working for is illegitimate. |
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http://www.inference.phy.cam.ac.uk/mackay/goodbad/Combatant.html
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| | Doublespeak - SourceWatch |
| | illegal combatants: prisoners of war who are deprived of basic human rights and of any legal rights under existing international conventions regarding treatment of prisoners | | | illegals: refugees seeking asylum - perfectly legally - in Australia; term used by the Australian Government under Prime Minister John Howard. | | | enemy combatant: legal wording to get around the Geneva Conventions ' protective rights for those captured in combat |
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http://www.sourcewatch.org/index.php?title=Doublespeak
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| | [No title] |
| | This is one of the justifications they give for holding people in Guantanamo Bay without the legal protections normally guaranteed them by the conventions. | | | 1 Illegal combatants {anchor:Illegal combatants}
David just raised a very interesting question.
The Bush administration defines "illegal combatants" as a class of person not covered by the various Geneva conventions. | | | It was a good listen and the book seems like it could be a very good read. |
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http://www.ceejbot.com/blog/rdf/2004-05-08
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| | Colombians debate jail time for rebels - (United Press International) |
| | Colombian President Alvaro Uribe Velez convened Congress in extra sessions Tuesday to debate a law that would define legal parameters for demobilization and reincorporation of illegal combatants into society. | | | The "Law of Justice and Peace," submitted to Congress last Wednesday by Minister of the Interior Sabas Pretelt would provide the government with a legal framework to demobilize guerilla forces or paramilitary units who "contribute in an effective manner to the attainment of national peace." | | | South Africa's TRC provided amnesty to those combatants who committed crimes with a political goal, were commensurate with the political goals they pursued, and offered to tell the truth about the crimes they committed. |
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http://www.washtimes.com/upi-breaking/20050215-014514-6067r.htm
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| |
| | #### idea of 'illegal combatants' dooms Republican party |
| | Posted: Sat May 08, 2004 7:48 pm Post subject: #### idea of 'illegal combatants' dooms Republican party | | | #### idea of 'illegal combatants' dooms Republican party |
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http://www.outsupport.org/forum/viewtopic/51256.html
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| | So Called Illegal Combatants - ExpatSingapore Message Board |
| | We heard a great deal from adminstration people about the Geneva Convention and dire consequences for this inhumane, degrading, and illegal action. | | | Rumsfeld were apoplectic and completely outraged when the Iraqis showed on TV some American prisoners in captivity. | | | Then you may also remember how America revelled in showing prisoners being taken into Guantanamo. |
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http://www.expatsingapore.com/ubb/Forum7/HTML/000743.html
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| | Re: Guantanamo Internees are "Illegal Non-Combatants" : the Latest Bushs |
| | Please check out one of the premium Usenet Newsgroup Service Providers below for access to Usenet. | | | Re: Guantanamo Internees are "Illegal Non-Combatants" : the Latest Bushslip, Mark K | | | Re: Guantanamo Internees are "Illegal Non-Combatants" : the Latest Bushslip, Running Dog. |
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http://www.usenet.com/newsgroups/talk.politics/msg08120.html
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| | Essential Liberties: March 2003 Archives |
| | You can expect more of that type of thing if the now ifmanous Pattriot II ever becomes law. | | | The Feds quickly decided that he was an "unlawful enemy combatant" despite the fact that Padilla wa apprehended in the United States and is a citizen. | | | I guess this means that if we get invaded most of us will be illegal combatants, too. |
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http://www.essentialliberties.com/archives/2003_03.php
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| | Radio National Breakfast |
| | The US has used the term "illegal combatants" to detain - without charge and other protections - thousands of prisoners taken during the War in Afghanistan. | | | By definition - "illegal combatants" are fighters who have replaced their army uniforms with civilian clothing - or who aren't fighting under the command of a state. | | | If some of the prisoners are designated "illegal combatants" - then they won't get the protection of the Geneva Conventions. |
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http://www.abc.net.au/rn/talks/brkfast/stories/s822227.htm
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| | War on terror being used to trample rights: experts -DAWN - National; 26 May, 2004 |
| | He said even those combatants who had slung their rifles and had decided to call it a day were supposed to be protected under the Geneva convention regardless of the fact if they were known to have committed war crimes in the past. | | | He said Islamic laws denounced the use of excessive force even in a war situation, and clearly stated that even the prisoners of wars and those combatants who were no longer involved in an armed conflict were to be protected. | | | ISLAMABAD, May 25: The world community is bogged down by the sexed up terminology of "War Against Terrorism" as the governments are using the fancy term to indulge in violations of International Humanitarian Law (IHL) and Geneva Conventions. |
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http://www.dawn.com/2004/05/26/nat19.htm
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| | The Command Post - Iraq - "Illegal Combatants" |
| | The hearings will determine whether they are released, held as POWs or declared illegal combatants. | | | Any found to have used civilians as shields or otherwise violated the international laws of war would be declared illegal combatants and sent to Guantanamo Bay or other secure jails. | | | Those detained would be treated as prisoners of war, but without official status, until hearings were held in Iraq under the Geneva Convention, officers say. |
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http://www.command-post.org/archives/003135.html
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| | FREE MARKET FAIRY TALES: POWs or Illegal Combatants? |
| | Soldiers in a conflict may be held as POWs, without trial, until the end of conflict. | | | FREE MARKET FAIRY TALES: POWs or Illegal Combatants? | | | Over the last few days, the liberal-left’s civil rights movement has drawn a deep breath & swung into action. |
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http://www.fmft.net/archives/000198.html
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| | British Parliament to challenge outcome of Revolutionary War |
| | The term "illegal combatants" was recently coined by U.S. Secretary of Defense Donald Rumsfeld and applied to the al-Qaeda and Taliban prisoners of war held at the U.S. Guantanamo Naval Base in Cuba. | | | The controversy stems from the use of "illegal combatants" in the Revolutionary War. | | | The spokeswoman also said that the participants in the Boston Tea Party of 1773 were terrorists and that their "mob actions" should be condemned by all civilized people. |
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http://www.newhumanist.com/british.html
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| | Guantanamo and the law |
| | The US Supreme Court has just dealt a severe blow to President Bush's war on terror with its ruling that the detainees held without trial at Guantanamo Bay on Cuba do not, after all, fall outside the legal jurisdiction of the United States. | | | For the moment, however, the US Defence Department says the trials by special military courts will still go ahead. | | | The ruling means that the detainees held at Guantanamo's Camp Delta may now officially challenge their status of illegal combatants and possibly the military tribunals which are due to try them at some — as yet unspecified — point in the future. |
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http://www.buzztracker.org/2004/06/29/cache/253317.html
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