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Originally posted by bobafett
The general American populace don't take too kindly to this, some of them don't join the armed forces, but decide that if/when the invading troops get to their town/state, they will defend themselves. Some of this will come from improvised devices, or other guerilla tactics.
Some of these people get captured by Country X's military forces. Can Country X torture them, or otherwise deprive their protections?
4.1.6 Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.
Members of other militias and members of other volunteer corps, including those of organized resistance movements, provided that they fulfill all of the following conditions:
1. that of being commanded by a person responsible for his subordinates;
2. that of having a fixed distinctive sign recognizable at a distance (there are limited exceptions to this among countries who observe the 1977 Protocol I);
3. that of carrying arms openly;
4. that of conducting their operations in accordance with the laws and customs of war.
Originally posted by pavil
reply to post by bobafett
I could be wrong on this, but once captured they would identify themselves as members of the military, with rank and serial number. Doing such, I believe would afford them protection by the opposing Army as a Prisoner of War, even though they were not in miliary uniform. Enemy combants would probably not afford them this protection but full blown militaries would have to, under the Convention. Again, I would have to read the Convention again to be sure.
It's only when you don't identify yourself or you aren't a member of the military that you would be at risk.
Originally posted by bobafett
[What about elite groups like our SAS, and the USA equivalents? They often dress in civilian clothing and other disguise (although I heard some of them were being dumasses and driving humvees blaring out the Bruce Springsteen!)
Those guys are not in uniform for some missions, do they get protections?
Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention.
In each case, such persons shall nevertheless be treated with humanity, and in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the security of the State or Occupying Power, as the case may be.
Originally posted by rockets red glare
reply to post by Tinhatman
Yes i will agree with the part of your statement pertaing to restrictions of gov. power. The part about going to war, war happens. We don't start them " maybe with the exception of the spn. amer. war". Our invassion in Iraq" in my oppinion" was justified. We do not and have not tortured uniformed Iraq soldiers. terrorist do not have those geneva convention protections.Not to imply that i believe waterboarding is torture. I wouldn't condone it on a uniformed legal soldier. I do however give leway for it in the war on terror because the terrorists ruetinly target civilians. it is why they are called terrorists. This we must not allow even if it means some degree of what some would call turture. They have called making them stand for to long, staying awake for to long torture ass well. it isn't unless it is medically dangerous and life threatning. It seems that the bar of what is and what isn't is so low that miisng a steak meal is now torture.
As of March 2007, after 4 years of war, the post-invasion Iraqi excess deaths (avoidable deaths, deaths that did not have to happen) now total ONE MILLION as estimated from data from the top US medical epidemiology group in the World’s top Public Health School (the Nobel Laureate-containing Bloomberg School of Public Health) at the top US Johns Hopkins University, published peer-reviewed in the top UK medical journal The Lancet and endorsed by 27 top Australian medical experts.