Flatlander said:
Doubt arises when there is lack of certainty. Are you declaring, with certainty, that the people who are detained currently are not in any way "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"?
I don't understand how you can be certain of this.
The text in its entirety continues on to state that only people who fulfill that, and the other criteria are to be considered prisoners of war. In this way, you can seperate domestic criminals from prisoners. Locking up bank robbers and murderers without a trial as prisoners of war might piss some people off.
The Iraqi insurgents, for the most part, completely disregarded the GC and are therefore not protected by it. They are classed as domestic criminals. It doesnt affect my view of their treatment, or the legality of the situation very much in either direction. I simply take issue with people blithely stating that 'Its against the Geneve Convention!"
With regards to the UN - Fair point. Not really relevant, but fair point. Again, it doesnt change the legality or my view of it one iota.
rmcrobertson said:
One fears that you still are clinging to a significant inaccuracy: the notion that if one is not defined by the Geneva Accords as a POW, then there can be no question of torture.
Not at all. Its a seperate, semantic debate. People say the captured insurgents are prisoners of war as outlined by the Geneva Convention when they are not. Thats all.
There've been a number of posts citing the specific sections of the Accords governing treatment of enemy combatants who are not in uniform: what seems to be the problem with responding to them?
If they are not following the criteria as listed on this page, they are domestic criminals, not prisoners of war.
Then too, there's the astonishing notion that torture--which you concede to be typically pointless--is perfectly OK for anyone who isn't a uniformed member of an army. Uh....'scuse me, but that's precisely the sort of thing that {fill in blank with creeps of choice} used to say. "Javohl! Zere ist nein doubt zet ve vanted to torture zem!!"
Hmm. I dont believe I've said that, although I have a fair number of posts on this thread, and it may have slipped past my radar. To avoid confusion in the future:
1 - My opinion. The abuse suffered by captured Iraqi insurgents at Abu Ghraib was of a minor nature, and does not make me feel sorry for them, or outraged at the abuse of their rights.
2 - My stance. Regardless of the legality, torture (using your definition, which apparently also includes legitimate interrogation techniques) can be a useful tool and may aid a country in protecting its interests.