[mrsmith]

"in a remarkable foray into customary international law, the plurality of four linked the Common Article 3 judicial guarantees to the protections described in Article 75 of the 1977 Protocol I to the Geneva Conventions. "

From the Ruling: "provisions of Commission Order No. 1 dispense with the princi-ples, articulated in Article 75 and indisputably part of the customary international law,"

'Article 75 of of the 1977 Protocol 1' was rejected by the United States.

The court imposed it upon us anyway.

No treaty, no ratification.

[jude24]

Ratification is irrelevant. If Nazi Germany was bound by unwritten laws of war, than so are we. We helped engineer the Nuremberg trials; we can't now claim to be immune from its requirements.

[Robert A Cook PE]

See my comment about Kyoto in nbr 15.