By Jim Campbell, Citizen Journalist
Terrorists are not clearly distinguishable from civilians, in other words, they are “unlawful combatants,” it can be argued that they are not subject to all Geneva Conventions protections.
Bush Administration legal counsel determined under existing United States Law the Geneva Conventions that everyone being held at Guantanamo Bay, Cuba, is an enemy combatant with no right of habeas corpus:
Under these rules, captured enemy combatants, whether soldiers or saboteurs, may be detained for the duration of hostilities. They need not be guilty of anything; they are detained simply by virtue of their status as enemy combatants in war.
Since enemy combatants are not Signatories, the U.S is not bound by the convention if they are fighting against someone who violates the convention, irrespective of whether the latter is or is not a signatory.
Those who wrote the treaty were concerned about the “free rider” problem. Their goal was a noble one: to try to reduce the horrors of war. And they recognized that if the treaty was unconditionally binding on signatories, then it would encourage nations to not sign, because it would give non-signatory nations an advantage when fighting against signatory nations.
So the treaty says provisions of the treaty do not bind signatories if their opponents violate those provisions. That is because those who wrote the treaty recognized the value of deterrence as a way of giving non-signatories an incentive to obey the provisions of the convention anyway.
Feinstein said. “I happen to know a good deal about how those interrogations were conducted, and in my view nothing justifies the kind of procedures that were used.” Senator Feinstein is clearly wrong about water boarding being torture if it were such why is it a traditional method used on NAVY SEALS and Navy pilots as part of their Escape and Evasion training?
Of course this would be a position that the anti-water boarding U.S. Senator Diane Feinstein, most of the members of the left and her allies in Code Pink would agree.
Uncharacteristically, Feinstein knowing little about water boarding and acts of terror committed upon American civilians as well as our men and women in uniform said, “The U.S. needs to kill this bomb maker and his associates.” Harsh language.
In fairness to the beleaguered Senator and Chairman of the Senate Intelligence Committee, Senator Feinstein angers members on the left by consistently voting to approve wars, and funding of our troops and the weapons to do so.