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To: DeaconBenjamin

Does this now apply to all POWs taken captive in future conflicts?


145 posted on 06/12/2008 1:22:11 PM PDT by gpapa
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To: gpapa
"Does this now apply to all POWs taken captive in future conflicts?"

I'm not a lawyer, but this is my take.

This mess is driven in part because the parties in question were not granted POW status, so they did not fall under the protections/restrictions of Geneva Conventions III.

As a signatory to GCIII, GCIII usurps the Constitution (Treaties trump the Constitution in the structure of U.S. law).

Given that, a POW under GCIII can be detained until hostilities end. Then they must be repatriated. If a POW is tried as a war criminal, it must occur within three months of initial capture, and GCIII spells out the rights of the accused.

So I would interpret this to mean the only time a POW could sue for habeas corpus is after the end of hostilities, especially if repatriation is delayed due to negotiation between warring parties.

186 posted on 06/12/2008 2:44:11 PM PDT by magellan
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