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I don't see where it disallows interrogation. It does disallow torture of PoWs and protected persons, but specifically disallows spies to claim those rights where it impedes the security of the state.

Are you saying duress is never justifiable? What about a ticking time plant? Do you let it blow?

That may be true. But laws generally are to be narrowly construed, in favor of the accused, not the victim.

Granted. They just have rights limited by the security of the state.

I understand the need for brevity in a press release, but this matter has been the subject of considerable contention, and a precise basis would be illuminating even if people still disagreed. "The US is holding individuals under GCIIIart5 as a danger to the state."

I would certainly presume so. It's their job, although there is no requirement they make it public. I also presume that Tony Blair has asked some interesting questions. He's had a very rough time sticking by Bush and had a number of chances to bolt. I think he would have without very persuasive data.

Fine, but I don't see "distinctive mark when attacking" in Art 43. I do see a requriement to inform when using paramilitaries (police). It might be a lofty goal to protect civilians who raise alarms.

Where?

Generally, but not always. The words count.

Probably not. It seems they were held under Art 45 (1). Tribunals could just be a pair of officers deciding. Bush seems to have just triggered (2) by announcing trials. They might be being held as Art 47 Mercenaries.

I don't know. Just questioning a captive is duress. Implying better treatment for cooperation might be considered mental torture. What if the captive has information that can save innocent lives ("ticking time plant")?

Where is this habeas so authorized?

Because they have power, they must suffer insults? Insults ifrom an enemy calculated to undermine the foundations of the judicial system?

No, AFAIK, Padilla has always been held in SC. Original writ was on NY (warrant issued there) and has to be refiled and rehears for SC.

A good article. Note that the detainees have had tribunals. I strong expect they've had quite a few reviews that could be considered tribunals (not trials).

-- Robert