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Re: Supreme Court Decisions
Old 07-14-2006, 03:36 PM   #3
Professor S
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Default Re: Supreme Court Decisions

I was under the impression that the decision directly referenced the Geneva Convention, but my point still stands because the GC are used in the military rules and are STILL being misinterpreted. BTW, I refer to them as illegal combatants as my own term to describe those that do not fall under the GC. I never meant the say that the term was included in the GC.

I am aware of the entire document, but I only quoted the part that SPECIFICALLY EXCLUDES those detained by our policy because I know no one would want to read the whole thing. These areas that are bullet pointed are put in place for a reason:

- that of being commanded by a person responsible for his subordinates
- that of having a fixed distinctive sign recognizable at a distance
- that of carrying arms openly;
- that of conducting their operations in accordance with the laws and customs of war.

The fixed distinctive sign and conduct portions exclude most of those that we detain. That said, if we are detaining any that did follow all of the GC rules, then they should be provided the protections. There might be areas in the GC that could be interpreted to protect these illegal combatants... if these bullet points didn't specifically exclude their protection. Now in a document that is a bit ambiguous, don't you think that such specific exclusions were put in place for a reason and with purpose? I have to think that they are full in the spirit of the document.

Also, referring to the contract with humanity, once again I'll bring up the specific exclusions. We signed a treaty with humanity, not terrorists who refuse to follow the codes given. The GC even gives the ability for rebels and resistance fighters to be recognied by its articles, but those that we are fighting ignore them and refuse to operate under insignia or proper conduct. If they refuse to follow the rules of the GC, why should we be expected to operate under a disadvantage and respect their rights under it?

BTW, what are your thoughts about the imminent domain decision to allow private companies to force you to sell your property? Seems like a recipe for extreme corruption and abuse to me, all in the name of higher local government revenues. Dispicable (and I don't use that word often).
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