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Originally posted by Liberal1984
Shots still hasen't provided that all important link showing that no one has gone to Guartanomo since 2004. I wonder if he is making the facts up.
BBC NEWS | World | Americas | Profile: Guantanamo BayWhile there have been no new arrivals since September 2004, the department of defence says it has no plans to close the camp in the foreseeable future. ...
news.bbc.co.uk/1/hi/world/americas/4720962.stm - 40k - Cached - Similar pages
Originally posted by Vaak
Shots.
If a child in Afghanistan shoots at an American soldier, he is not considered a soldier. Only uniformed soldiers fall under this convention. NOT people resisting the attack on their country. They are now terrorists. Remember?
Vaak
Global Lawyers and Physicians
Within humanitarian law, the Geneva Conventions and Additional Protocols specifically refer to children and, within the human rights realm, institutions such as the UN Committee on the Rights of the Child and the Convention on the Rights of the Child (CRC) with its Optional Protocols were specifically created to protect them. “A child means any human being below the age of 18 unless, under the law applicable to the child, majority is attained earlier” (Article 1 of the CRC).
Children and the Laws of War
Children are generally covered as combatants under GCIII (Art. 16 ‘Equality of Treatment’) and as civilians under GCIV (Art.14,17,23,24,25,27,38,49,50(devoted exclusively to children),84,119 and 132). Under Art 76 of GCIV, Treatment of Detainees it states:
“In the treatment of protected persons who are accused or have been convicted of offenses, proper regard must be paid to the special treatment due to minors.”
This provision also applies to internees who are in the national territory of the detaining power (art 126). Again the principles of special protection are reaffirmed in Article 77 of API:
”Children shall be the object of special respect and shall be protected against any form of indecent assault. The Parties to the conflict shall provide them with the care and aid they require, whether because of their age or for any other reason”
...and furthermore clarifies:
“If in exceptional cases, children who have not attained the age of 15 years nevertheless take a direct part in the hostilities and fall into the power of an adverse party, they continue to benefit from the special protection accorded by this Article, whether or not they are prisoners of war.”
Thus, certainly in the case of the children, POW status has no bearing on their rights under international humanitarian law.
HRW - U.S.: Despite Releases, Children Still Held at Guantanamo
International standards recognize that children under the age of 18 are a particularly vulnerable group, and are entitled to special care and protection because they are still developing physically, mentally and emotionally. These standards include certain key principles, including the use of detention only as a measure of last resort, the separation of children from adults, the right of children to maintain contact with their families, and the right to a prompt determination of their case. In addition, treaties binding on the United States recognize the special situation of children who have been recruited or used in armed conflict, and their rights to prompt demobilization, and rehabilitation and reintegration assistance.
In cases where children are believed to have committed war crimes, they can be formally charged and should be provided with counsel and tried in accordance with international standards of juvenile justice.
US reveals full Guantanamo list
The US says it has held 759 males, from teenagers to men older than 70, from more than 40 countries, according to the list released late on Monday in response to a Freedom of Information Act lawsuit filed by The Associated Press.
The list includes the 10 detainees who have been charged with crimes, but it does not include the most notorious US prisoners, such as alleged September 11 plotters Khalid Shaikh Mohammed and Ramzi Binalshibh - whose whereabouts are secret.
The US military says about 480 detainees are now at Guantanamo Bay. Those released or transferred numbered 275.
Anthony Romero, executive director of the American Civil Liberties Union, believes that US officials are trying to deflect international criticism by gradually moving out detainees.
"They are trying to slowly let the air out of the tires as a way to make the problem go away," Romero said.
Originally posted by dgtempe
Thank you for setting me straight and i changed my mind immediatedly after i saw your post!
Geneva Conventions are used by this administration as toilet paper, and we all know it.
So, provisions in the Geneva Conventions and all, this government sends them off to Guantanamo to be abused????
Holy --------! Who the hell is going to stop this governments criminal horsie???
Originally posted by subz
Well if history is any guide these neocon fascists have a really nasty comeuppance on the the way. But, unfortunately, it wont come before they've spread death, destruction and misery across the globe. Yet after they've tried their hardest to enslave us all and force us down the road they have envisioned they'll end up swinging from a tree with all their fellow war criminals.
Originally posted by dgtempe
Thank you for setting me straight and i changed my mind immediatedly after i saw your post!
Originally posted by shots
setting you straight????? You have to be kidding right??? What he posted is not law it is nothing more then more HR advocates [b lawyers/doctors spreading what they advocate nothing more. In other words it is nothing more then their opinion and not a law.
Originally posted by dgtempe
His opinion makes sense- he was also careful to point out that we, the USA are not a part of this section of the Geneva Convention. Its a free for all.
(2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfill the following conditions:
(a) that of being commanded by a person responsible for his subordinates
(b) that of having a fixed distinctive sign recognizable at a distance
(c) that of carrying arms openly
(d) that of conducting their operations in accordance with the laws and customs of war.
Source
2. The Parties to the conflict shall take all feasible measures in order that children who have not attained the age of fifteen years do not take a direct part in hostilities and, in particular, they shall refrain from recruiting them into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years the Parties to the conflict shall endeavor to give priority to those who are oldest.
3. If, in exceptional cases, despite the provisions of paragraph 2, children who have not attained the age of fifteen years take a direct part in hostilities and fall into the power of an adverse Party, they shall continue to benefit from the special protection accorded by this Article, whether or not they are prisoners of war.
www.icrc.org..." target="_blank" class="postlink" rel="nofollow"> Source
4. If arrested, detained or interned for reasons related to the armed conflict, children shall be held in quarters separate from the quarters of adults, except where families are accommodated as family units as provided in Article 75, paragraph 5.
5 . The death penalty for an offence related to the armed conflict shall not be executed on persons who had not attained the age of eighteen years at the time the offence was committed.
Originally posted by dgtempe
Shots,
His opinion makes sense- he was also careful to point out that we, the USA are not a part of this section of the Geneva Convention.
Article 38 of the 1989 CRC requires states parties to respect the rules of international humanitarian law with respect to children in armed conflict and urges them to take ‘all feasible measures’ that those under 15 not take part in hostilities.
Global Lawyers and Physicians
Originally posted by truthseeka
Shots,
I'm going to ask you and the others with similar views point blank.
DO YOU HAVE NO PROBLEM WITH CHILDREN BEING TORTURED!
Originally posted by shots
Who really knows if they have been tortured? Their instruction manual clearing tells them to lie and say they are tortured.