applies in international armed conflict. POWs are usually members of the armed forces of one of the parties to a conflict who fall into the hands of the adverse party. The third 1949 Geneva Convention also classifies other categories of persons who have the right to POW status or may be treated as POWs.
POWs cannot be prosecuted for taking a direct part in hostilities. Their detention is not a form of punishment, but only aims to prevent further participation in the conflict. They must be released and repatriated without delay after the end of hostilities. The detaining power may prosecute them for possible war crimes, but not for acts of violence that are lawful under IHL.
POWs must be treated humanely in all circumstances. They are protected against any act of violence, as well as against intimidation, insults, and public curiosity. IHL also defines minimum conditions of detention covering such issues as accommodation, food, clothing, hygiene and medical care.
referred to the base as the "legal equivalent of outer space." To the Bush administration, this was an immense advantage in the consideration of long-term detention. Guantanamo was central to the Bush Administration's prevention of the judicial review of the legal status of prisoners, a position invalidated by the Supreme Court in Boumediene v. Bush.
On January 4, 2002, U.S. Southern Command was directed to take custody of designated detainees within the United States Central Command area of responsibility, and to escort and hold the detainees at Guantanamo Bay for further disposition."
next we get into the classifications of POW's or just civilian detainees and rules for their treatment:
The rules protecting prisoners of war (POWs) are specific and were first detailed in the 1929 Geneva Convention. They were refined in the third 1949 Geneva Convention, following the lessons of World War II, as well as in Additional Protocol I of 1977.
The status of POW only applie
Moderation, good morning...you are partially correct in your premise of there being "no other place" to hold them. that is not quite accurate.
first-hand exerpt from a "The Atlantic" magazine interview:
"Some of the critical conditions necessary for the establishment of a detention facility were security and safety of the detainees, control, a certain freedom from legal review, timeliness, security, established supporting infrastructure, and cost managements. Contenders included Guam, Diego Garcia, Wake Island, and others, in addition to Guantanamo Bay.
One of the principal advantages to placing the detainees in Guantanamo Bay or a similar location was the legal status that non-U.S. soil provided. If the detainees weren’t in the U.S., then they wouldn’t have the same rights under American laws, the argument went. Some of these included the right to legal representation, rights of prisoners, and rights to the American legal system. One government official
You can give yourself all the points there are to receive,or not, I am offering nothing but fact,tired.You will surely win this 'against yourself only' argument.(;
Yea mine are earning their keep as well, just wish the young ones would find the laying boxes, every day is like Easter
Well MOD, where did Obama plan on putting them when he made that promise? More points:)
Those girls are beginning to earn their keep.
well, tired,if my memory is accurate, there wasn't another place for the detainees.
Hope they are laying well
Clucking numbnut !
What say you MOD and how are those Poults doing>?
And still, Wah wah wah , more inane bellyaching from the local right-wing nutjob !
He had the congress, What attempt did he make to keep his word? Big points;)
Well mod how did he plan to do it?
It wasn't an issue that could be remedied with an eo, tired.No points.);
Wah wah wah , more inane bellyaching from the local right-wing nutjob !
So MOD, he made a promise he had no way of keeping? Did he lose his pen and phone? Congressional opinion matters when its an excuse for broken promises i see, pretty convienent.
Moderation.....six democrats essentially prevented the closing of gitmo. One of which might garner my vote should they run for president....that is if my candidate is not on the ballot. You are correct congress exhibited some common sense for a change.
Stillhere "Hows he doing on that promise Kunnec? Same as closing Gitmo ". It goes without saying,again, but congress blocked the closing of gitmo,'member?
What you think that something like that has never happened ? To get as much done with the other side actively obstructing everything has indeed earned my respect ! Now do you think that sacrificing the good of the people for 8 years is worth respect ? Nah !
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