usmarine wrote:
oh jeez. war supersedes stupid ass treaties that dont mean a damn thing and that only one side usually follows anyway. that crap was signed during a different era.
No. War doesn't supersede them. Have you heard of jus in bello? It stipulates that you have to conduct war under the principles of compassion and chivalry.
Violators of these constructs, such as the stateless combatants the US picked up, must still be "treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial" (Fourth Geneva Convention (in force 1950), article 5). As the ICTY demonstrated in the Celebici case, these people do exist. The US has set up "courts" to try them, but hasn't respected its own laws in doing so. Problem, no?
These people, although they've violated International Humanitarian Law, are still to be treated with respect. Worse still, the US has tortured many of them (illegal) and has not all are found guilty either. Essentially then, the US is violating the GC.
Now, for your second bit. These treaties form the backbone of international law. If the US unilaterally decides that they no longer apply because they don't want it to, then the US has sunk to the level of Al-Qaeda. "They did it so we did it" negates its moral standing. I don't think that would be in the US' interest.
You also say "different era". How so? Asymmetrical conflicts began in the 1950s, and that's part of the reason why they were signed. In fact, I'd say they are more relevant now than ever.
Last edited by TSI (2009-05-25 08:41:01)
I like pie.