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| | Third Geneva Convention - Wikipedia, the free encyclopedia |
 | | It was officially adopted in 1929 as an extension to the rights guaranteed by the Hague Convention of 1907. | | | "...Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. | | | That the relationship between the "High Contracting Parties" and a non-signatory, the party will remain bound until the non-signatory no longer acts under the strictures of the convention. |
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http://en.wikipedia.org/wiki/Third_Geneva_Convention
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| | JS Online: A fifth Geneva Convention |
| | Although their views are not identical, the dissenters - including Secretary of State Colin Powell - agree that the administration ought to adhere to the third Geneva Convention, under which a "competent tribunal" would determine individually which fighter is entitled to POW status and which is not. | | | The Geneva Conventions need to recognize this new threat and provide up-to-date ways to govern the treatment of fighters who don't wear uniforms and struggle on behalf of ideologies, not necessarily nation-states. | | | The dispute reflects ambiguities and loopholes in the law governing such prisoners and demonstrates the need to correct those problems. |
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http://www.jsonline.com/news/editorials/jan02/16396.asp?format=print
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| | Report on Terrorism and Human Rights - e |
| | [350] With regard to prisoners of war, Articles 21, 118 and 119 of the Third Geneva Convention permit the internment of prisoners of war until their repatriation at the “cessation of active hostilities” or the completion of any criminal proceedings or punishment for an indictable offense that may be pending against a prisoner of war. | | | [351] Article 119(5) of the Third Geneva Convention provides in this regard that “[p]risoners of war against whom criminal proceedings for an indictable offense are pending may be detained until the end of such proceedings, and, if necessary, until the completion of the punishment. | | | Prisoners of war are not by reason of that status considered to be criminals and, accordingly, their internment should not constitute a form of punishment. |
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http://www.cidh.oas.org/Terrorism/Eng/part.e.htm
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| | U.S. Officials Misstate Geneva Convention Requirements (Human Rights Watch Letter, New York, January 28, 2002) |
| | By their terms, the Geneva Conventions apply to "all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties." Both the United States and Afghanistan are High Contracting Parties of the Geneva Conventions. | | | In conclusion, we hope the U.S. government will agree to establish the "competent tribunal" required by Article 5 of the Third Geneva Convention for the purpose of determining case by case whether each detainee in Guantanamo is entitled to prisoner-of-war status. | | | HRW Response: The U.S. government could have pursued terrorist suspects by traditional law enforcement means, in which case the Geneva Conventions indeed would not apply. |
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http://hrw.org/press/2002/01/us012802-ltr.htm
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| | The Gonzales Indictment |
| | Article 3 common to the Geneva Conventions prohibits “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.” | | | These rights are guaranteed to the accused in courts convened under the Uniform Code of Military Justice and civilian courts in the United States. | | | Unlike courts convened pursuant to the Uniform Code of Military Justice, and civilian courts of the United States, the Military Order provides for no judicial review by federal courts of the United States. |
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http://www.gnn.tv/headlines/headline.php?id=834
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| | Does Human Rights Law Apply to Terrorists? - Middle East Quarterly - Fall 2004 |
| | The Third Geneva Convention explicitly states that parties need not apply it to all conflicts, especially when the foes are not parties, and when enemies do not abide by its terms. | | | The drafters of the Third Geneva Convention adopted this four-part test as part of the criteria to determine eligibility for POW status. | | | In fact, article four of the Third Geneva Convention stipulates a number of requirements that must be met before a captive irregular combatant can qualify as a prisoner of war. |
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http://www.meforum.org/article/651
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| | Prisoner of War Protection Act of 2003 |
| | As a High Contracting Party to the Third Geneva Convention, the United States will not absolve such states of any such liability. | | | (5) Article 131 of the Third Geneva Convention provides that `No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of [grave] breaches. | | | (6) Both the United States and the Republic of Iraq are High Contracting Parties to the Third Geneva Convention, and more than 170 countries, as state parties to the convention, have assumed its obligations. |
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http://www.theorator.com/bills108/hr2224.html
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| | The Logical Nexus Between The Decision To Deny Application of The Third Geneva Convention To The Taliban and al Qaeda |
| | The War Crimes Act of 1996 makes violation of parts of the Geneva Convention a crime in the United States. | | | Whether the Geneva Conventions apply to the detention and trial of members of the Taliban presents a more difficult legal question. | | | The United States Supreme Court has held that while an agency is free to change itspolicy based on either a change of circumstances or a changed view of the public interest, “anagency [that] changes its course must supply a reasoned analysis” for the change. |
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http://lawofwar.org/logical_nexus_between_the_decisi.htm
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| | Report on Terrorism and Human Rights - o |
| | With regard to recourse to competent courts or tribunals, certain provisions of the Third and Fourth Geneva Conventions and Additional Protocol I prescribe specific review mechanisms that must be made available to persons protected under these treaties under certain circumstances. | | | As with international human rights law, there are aspects of international humanitarian law that preserve the civil capacities of protected persons, and that mandate access to judicial remedies in certain circumstances. | | | It is also augmented by the grave breach provisions of the Geneva Conventions and Additional Protocol I, including Article 129 of the Third Geneva Convention, Article 146 of the Fourth Geneva Convention, and Article 85 of Additional Protocol I, which require states parties, |
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http://www.cidh.oas.org/Terrorism/Eng/part.o.htm
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| | World war Two - Geneva Convention - Quick Quiz |
| | The USSR was one of the 46 countries that signed the third Convention | | | In 1942 Japan promised to abide by the terms of the third Convention | | | The third Geneva Convention was signed in 1929. |
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http://www.historyonthenet.com/WW2/genevaconventionquickquiz.htm
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| | [No title] |
| | But of course the Third Geneva Convention does not apply to anyone who was not captured in uniform (loosely speaking-- an "Al Qaeda" T-shirt would suffice). | | | Thus, anyone who thinks we should apply the best-known, Third, Geneva Convention to terrorists also must say that the FBI should not ask them any questions, and the U.S. attorneys should not offer them any plea bargains. | | | The Fourth allows--indeed obliges--an occupying power to use its discretion within wide parameters to maintain law and order (Article 64), and contains no specific restriction on interrogation, other than saying that "protected persons" not be subjected to "physical or moral coercion" (Article 31). |
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http://www.rasmusen.org/w/04.05.18b.htm
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| | Crimes of War Project > Iraq Special Edition |
| | He also said that the ICRC is talking to both sides about obtaining access to prisoners of war, and hopes to be given access “within days.” | | | Although the United States says that the Geneva Conventions are not technically applicable to detainees from the war in Afghanistan or the wider campaign against terrorism, the U.S. government has pledged to abide by the main humanitarian provisions of the Convention. | | | Technically, not all violations of the Geneva Conventions are “war crimes” – that determination is reserved for serious breaches of the treaty. |
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http://www.crimesofwar.org/special/Iraq/brief-pow.html
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