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Politics : Actual left/right wing discussion
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To: TimF who wrote (3024)10/17/2006 1:53:54 PM
From: DuckTapeSunroof  Read Replies (1) of 10087
 
So... the answer is "No"... they do NOT make that argument, that the conflict is 'not of international character'. (Thus, NOT rejecting the application of Common Article Three.)

The argument they DO make is this:

...That the quoted phrase bears its literal meaning and is used here in contradistinction to a conflict between nations is demonstrated by Common Article 2, which limits its own application to any armed conflict between signatories and provides that signatories must abide by all terms of the Conventions even if another party to the conflict is a nonsignatory, so long as the nonsignatory "accepts and applies" those terms. Common Article 3, by contrast, affords some minimal protection, falling short of full protection under the Conventions, to individuals associated with neither a signatory nor even a nonsignatory who are involved in a conflict "in the territory of" a signatory. The latter kind of conflict does not involve a clash between nations (whether signatories or not). Pp. 65-68."
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