Enemy Combatants: 3, Still Unclassified: 600+

[WillowIX]

Originally posted by B_part: As you cited "even if the state of war is not recognized by one of them", and that means the Geneva convention can be applied. But terrorists do not act according the "laws and customs of war" (e.g. they voluntarily target civilians, they don't wear proper uniforms and things like that), so, according to the Geneva convention, they lose their right to be treated by the terms of the said convention. That leaves them in a vacuum of legal rights, and allows them to be detained at camp Xray. That's also the reason why special forces use uniforms, although without nationality tags: if they were caught without uniform who clearly identified them as soldiers, they would be out of the Geneva convention. Not that countries like Iran or Sudan care much about that... I don't think that's right, but that's the interpretation of the law US military must be endorsing.

Ah I totally agree with you, hence the "somewhat disagree" in my post above. But Mr Bush did declare "war on terrorism". There you go, war. Not a fault in the Geneva convention or in your line of reasoning, rather a poor phrase by your president.

[Timber Loftis]

Originally posted by WillowIX: Timber, I agree with your opening statement. Just a question though. Isn't it common practise to try prisoners of war in military tribunals? Or do you try them in a regular court?

Yeah, I think so. But, since Nuremberg I think there's been a preference for multi-national tribunals. As well, a military tribunal isn't unfair per se. But, if there is no hearing, if process is denied, if no counsel is allowed, if the hearing is secret, then it becomes unfair. Put it in any tribunal for all I care -- hell let Judge Judy at 'em -- but don't deny due process.

[B_part]

Originally posted by WillowIX: Not a fault in the Geneva convention or in your line of reasoning, rather a poor phrase by your president.

Just to be precise, Bush isn't my president, I am Italian
Not that MY president is much better or brighter...