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Politics : Foreign Policy Discussion Thread -- Ignore unavailable to you. Want to Upgrade?


To: Hawkmoon who wrote (1667)1/5/2003 1:02:23 PM
From: zonder  Respond to of 15987
 
But Al-Qaida is not the Taliban. They are the Arabs, Chechens, and various other militants

Are you suggesting there are no Taliban at all in Guantanamo or among other prisoners held wherever? That's very curious. I am not sure of that at all.

Besides, they don't have to be Taliban to be POWs. They can also be supporters fighting on their side.

Check out the Geneva Convention:
unhchr.ch

Article 4

A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:
1. 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.
2. Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory


And even if there is a doubt (and there seems to be one), then the Geneva Convention is very clear about that as well:

Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.

Where's the "competent tribunal", Hawk? Not here on SI.

As I understand it, most Taliban have been repatriated to Afghanistan or Pakistan.

I admire your trust in your government, but given the fact that governments have been known to hide things, I'd rather say we don't really know anything except what they choose to tell us.

At the absence of another voice and a "competent tribunal" to determine the prisoners' POW status, I am not so sure that we know everything.