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To: Wayners who wrote (685838)6/16/2005 5:02:55 PM
From: DuckTapeSunroof  Respond to of 769670
 
I don't know if the word 'speedy' is in there anywhere (in the Geneva Protocols that the US largely wrote after the war).

But a judicial hearing of some sort is specifically required to decide if a captured person, alleged combattant, captured while not in uniform, is to be perminently afforded the rights pertaining to a POW status.

After the war, for some two years Allied Forces continued to be attacked by some German sabateurs who *did not wear uniforms*.... at that time it was ruled that all that was required to adjudicate the status of these individuals (ie, POW or not) was an in-field military tribunal.

To my knowledge, nothing more is required... however, the Protocols *also* say that UNTIL the prisoner's status has been sorted out in an appropriate legal hearing, they ALL are afforded the protections of POW status.

Doesn't see like a very high bar to meet, a simple military justice hearing which can even be held in the field....



To: Wayners who wrote (685838)6/16/2005 5:24:57 PM
From: Peter Dierks  Read Replies (1) | Respond to of 769670
 
be regarded as having forfeited rights of communication under the present Convention.