[mdlug-discuss] [mdlug] OT - IR jamming

[allen]

Ingles, Raymond wrote:
>  Of course, there's Article 5 of the Geneva Convention. It's pretty short and
> unambiguous. Here's the entire thing:
>
>  "The present Convention shall apply to the persons referred to in Article 4
>   from the time they fall into the power of the enemy and until their final
>   release and repatriation.
>
>   Should any doubt arise as to whether persons, having committed a belligerent
>   act and having fallen into the hands of the enemy, belong to any of the
>   categories enumerated in Article 4, such persons shall enjoy the protection
>   of the present Convention until such time as their status has been determined
>   by a competent tribunal."
>
>  That last part, the "competent tribunal" stuff - that's what the U.S. has
> avoided doing for, oh, about five years now.
>
>  Sincerely,
>
>  Ray Ingles                                             (313) 227-2317
>   

Article 5 may be short but it's hardly unambiguous. If there were no 
doubt about the meaning of the article there wouldn't be any necessity 
to refer to another article, Article 4, to define what isn't defined in 
Article 5.

Article 4 defines who has a legitimate claim to the protection of the 
Geneva convention and who does not:

*************************************

/Article 4/

A. Prisoners of war, in the sense of the present Convention, are persons 
belonging to one of the following categories, who have fallen into the 
power of the enemy:

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, fulfil 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.

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.

**************************************

http://www.unhchr.ch/html/menu3/b/91.htm

About that "competent tribunal" provision, that only applies "Should any 
doubt arise". If it's clear that a captured combatant doesn't fall under 
the definition of a prisoner of war as described, no tribunal is necessary.

Allen