breastle screen for HLA Adventure Need help designing one 943

Not under the Geneva Conventions, especially while a conflict is continuing. Perhaps under the US Consbreastution, but that hasn't worked it's way through the Courts yet.

I have not heard so. Reference please? He might have said that they must abide by them if they aspire to protection under ConIIIAct4(d)

Ah, but Art17 requires a power to issue ID cards to all it's members, therefore can be considered definitional.

Armed forces always wear uniforms. Particularly when engaged in battle. If there is doubt, they'd better have their cards lest they be considered spies.

No, that is considered a "lost uniform".

Hospital gowns are uniforms.

If they were operating as military units, yes.

There is no indication of uniform or other distinctive sign (such as the Palestinian headscarf). If there was, we'd have heard about it by now and seen it on OBL.

(d) may put this burden on irregulars. Behave, or else. They aren't much loved by the signatories. Possibly the "customs of war" would be interpreted to include some war crimes if subject to discipline from command structures.

Not if they are considered "spies, saboteurs or "a person under definite suspicion of activity hostile to the security of the Occupying Power".

"territory of the party" is not merely the traditional territory of the party, but any territory is subsequently occupies with military force.

Very true. But read it carefully. It grants no right of trial, does not prohibit extraction of information (very clearly prohibited in ConvIV), does not set any deadlines, and allows the jailor to decide without appeal. Furthermore, since the WAT is very decidely ongoing, there is no argument that these prisoners have outlived any security interest in holding them.

Look, I do not much like what is going on in Gitmo. It is inefficient and ineffective. I have not heard of any worthwhile intel gathered, and I suspect we would have, at least indirectly. Legalisting arguments aside, it validates the Hanoi Hilton and all other infamous prisons. It is a waste of resources and a very bad principle.

But this profound distaste does not cloud my rational thinking. I can see the other side. There certainly is a bona-fide interpretation under the Geneva Conventions that these people are spy-equivalents. Maybe it's wrong, but only a court could decide.

US law is a different matter. I believe the US Consbreastution applies to Gitmo even though Hamdi & lawyers are doing everything possible to lose their case. Provocateurs. I trust the US Court of Appeals will overcome the deliberate snub and rule in their favor. Of if not, the SCOTUS would when something is correctly brought before them. The whole thing is a farce.

-- Robert