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Originally posted by ThePieMaN
Straying away from the civility of the Geneva conventions is a sad state of affairs. Im sorry but this man brings shame to our country. We have always been honorable in times of war and we have always expected the same in return.
``(3) ALIEN.--The term `alien' means a person who is not
a citizen of the United States.
948c. Persons subject to military commissions
``Any alien unlawful enemy combatant is subject to trial by
military commission under this chapter.
`` 948a. Definitions
``In this chapter:
``(1) UNLAWFUL ENEMY COMBATANT.--(A) The term `unlaw-
ful enemy combatant' means--
``(i) a person who has engaged in hostilities or who
has purposefully and materially supported hostilities
against the United States or its co-belligerents who is
not a lawful enemy combatant (including a person who
is part of the Taliban, al Qaeda, or associated forces);
or ``(ii) a person who, before, on, or after the date of
the enactment of the Military Commissions Act of 2006,
has been determined to be an unlawful enemy combatant
by a Combatant Status Review Tribunal or another com-
petent tribunal established under the authority of the
President or the Secretary of Defense.
``(B) CO-BELLIGERENT.--In this paragraph, the term `co-
belligerent', with respect to the United States, means any State
or armed force joining and directly engaged with the United
States in hostilities or directly supporting hostilities against
a common enemy.
5. TREATY OBLIGATIONS NOT ESTABLISHING GROUNDS FOR CER-
(a) IN GENERAL.--No person may invoke the Geneva Conven-
tions or any protocols thereto in any habeas corpus or other civil
action or proceeding to which the United States, or a current
or former officer, employee, member of the Armed Forces, or other
agent of the United States is a party as a source of rights in
any court of the United States or its States or territories.
7. HABEAS CORPUS MATTERS.
(a) IN GENERAL.--Section 2241 of title 28, United States Code,
is amended by striking both the subsection (e) added by section
1005(e)(1) of Public Law 109148 (119 Stat. 2742) and the sub-
section (e) added by added by section 1405(e)(1) of Public Law
109163 (119 Stat. 3477) and inserting the following new subsection
``(e)(1) No court, justice, or judge shall have jurisdiction to
hear or consider an application for a writ of habeas corpus filed
by or on behalf of an alien detained by the United States who
has been determined by the United States to have been properly
detained as an enemy combatant or is awaiting such determination.
``(2) Except as provided in paragraphs (2) and (3) of section
1005(e) of the Detainee Treatment Act of 2005 (10 U.S.C. 801
note), no court, justice, or judge shall have jurisdiction to hear
or consider any other action against the United States or its agents
relating to any aspect of the detention, transfer, treatment, trial,
or conditions of confinement of an alien who is or was detained
by the United States and has been determined by the United
States to have been properly detained as an enemy combatant
or is awaiting such determination.''.
"The Military Commissions Act will provide a fair trial in which the accused are presumed innocent, have access to an attorney and can hear all the evidence against them," Bush said, calling the commissions system lawful, fair and necessary.
Originally posted by marg6043
Improvement, but how, because first you will be tagged with the charge and under the specifications of that charge then the rest is applicable.
So if you are charge with enemy combatant then you are at the mercy of the military courts and with no rights.
Originally posted by steve99
We are at war with people that don't follow the geneva convention, so why should we.
Originally posted by marg6043
Perhaps you are right at least for now.....
American citizens can be charge as enemy combatants and be stripped of any citizenship if necessary.
Originally posted by dgtempe
Let it be known that EdSinger is Trolling this morning.
Doesnt this phase you in the least Ed?
(will wait for Ed's reply in 6 months)