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Politics : Actual left/right wing discussion
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To: TimF who wrote (3046)10/18/2006 7:03:02 AM
From: DuckTapeSunroof  Read Replies (2) of 10087
 
Re: "The USSC is defining a conflict of international character to be a conflict between nations. Since Al Qaeda is not a nation the Supreme Court says that the conflict against Al Qaeda is not of international character."

Well... in a strict explication of the language I suppose, inter-national can be appropriately defined as 'between nations'.

While the Court states that Common Article 2 '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; they also ruled that Common Article 3 *is* applicable to Hamdan.

And, they stated that Common Article 3 modifies (alters, extends on...) what Common Article 2 holds, stating that Common Article 3: "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...."

So, and feel free to correct me if you believe my interpretation is incorrect here, they seem to be saying that such individuals or non-state actors are afforded a LESSER LEVEL of protections then nations are under the treaty language.
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