Article 5
Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention.
In each case, such persons shall nevertheless be treated with humanity, and in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the security of the State or Occupying Power, as the case may be.
The detainees will not be subjected to physical or mental abuse or cruel treatment. The International Committee of the Red Cross has visited and will continue to be able to visit the detainees privately. The detainees will be permitted to raise concerns about their conditions and we will attempt to address those concerns consistent with security.
Now, I leave you to your ignorance.
I will say a few last things
Nelson, I will soon be permenatly ignoring you, but i have to say one thing....
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:
(1) Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer corps forming part of such armed forces.
(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.
(3) Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.
(4) Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization, from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model.
(5) Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law.
(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.
B. The following shall likewise be treated as prisoners of war under the present Convention:
(1) Persons belonging, or having belonged, to the armed forces of the occupied country, if the occupying Power considers it necessary by reason of such allegiance to intern them, even though it has originally liberated them while hostilities were going on outside the territory it occupies, in particular where such persons have made an unsuccessful attempt to rejoin the armed forces to which they belong and which are engaged in combat, or where they fail to comply with a summons made to them with a view to internment.
(2) The persons belonging to one of the categories enumerated in the present Article, who have been received by neutral or non-belligerent Powers on their territory and whom these Powers are required to intern under international law, without prejudice to any more favourable treatment which these Powers may choose to give and with the exception of Articles 8, 10, 15, 30, fifth paragraph, 58-67, 92, 126 and, where diplomatic relations exist between the Parties to the conflict and the neutral or non-belligerent Power concerned, those Articles concerning the Protecting Power. Where such diplomatic relations exist, the Parties to a conflict on whom these persons depend shall be allowed to perform towards them the functions of a Protecting Power as provided in the present Convention, without prejudice to the functions which these Parties normally exercise in conformity with diplomatic and consular usage and treaties.
C. This Article shall in no way affect the status of medical personnel and chaplains as provided for in Article 33 of the present Convention.
ARTICLE 5
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
They are ALL POW's untill an independant body dimes otherwise, and MUST be treated as such (ESPECIALLY the taliban fighters who should ALLWAYS have had the full protection of the geneva convention)
Nor do I condone what the terrorist have laid out to do as something that if I turn my head they will go away. No, they won't. To make matters worse, they will continue and at the same time get stronger and more sophistacted, until it is not planes we are worring about but atom bombs and biowarfare. It is us or them. No other mentality works. Personally, if the Taliban fighters are there being detained a couple of years from now, it won't get more than a raised eyebrow from me. Their governments actions paved the way for them. The Geneva Convention was laid out when wars were fought differently, when you knew your enemy. Here the lines are blurred and it was never meant to protect criminals. Nor was it heard of at the time for the military to be policemen. The Convention has not kept up with the times. It is out dated and needs modification. I do not shed tears for those held in detainment.
All detainees at Guantanamo are being provided: - three meals a day that meet Muslim dietary laws - water - medical care - clothing and shoes - shelter - showers - soap and toilet articles - foam sleeping pads and blankets - towels and washcloths - the opportunity to worship - correspondence materials, and the means to send mail -the ability to receive packages of food and clothing, subject to security screening
And your claim about Hitler wanting to kill Jews for money is the final step. There is always a shadow of a doubt that maybe, just maybe, you truly are the next great type of thinker. That comment about Hitler erases all doubt.
If they are crimals you are breaching you own constitution by dening them the rights of everyother "aleged" (and thats all they are, you know presumption of inocents, burden of proof on the crown (its the crown here don't know what you call it)) crimal.
I was under the imprssion that if i came over to the US and was charged with a crime i was intilted to protection of you legle system the same as everyone else.