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Old Yesterday, 07:01 AM   #161
Matthew Best
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Originally Posted by Vixen View Post
How awfully kind of you to track my messages.
I'm not even sure what that means, unless it means that I'm reading your posts, which is presumably what I'm supposed to do with them, though admittedly I can think of better uses of my time.

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I am so honoured to have this privilege not afforded to others.
Actually I read most people's posts on a thread I'm interested in. You're not that special.

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Do let me know if you spot any more spelling mistakes, names not being my strongest point.
I will! I'm glad to have this request to point to in future.

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Gosh, I am so lucky to have my own personal monitor.
Yes, you are.
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Old Yesterday, 07:41 AM   #162
Information Analyst
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Originally Posted by McHrozni View Post
This is not different to what I said. Geneva convention stipulates the treatment of PoWs, who deserves the PoW status and gives the minimum standard to the rest (keep them alive and don't deliberately harm them).

Unlawful combatant is the civilian (according to you) who actively participates in the conflict in a way not covered by the Convention (i.e. a civilian contractor for the armed force). A member of a volunteer militia that pisses on customs and laws of warfare certainly qualifies, the Convention explicitly discounts those from people entitled to PoW status. The only thing international law demands of you is to keep them alive and not torture them, that's it.

National law may provide other limitations, which is the cynical reason as to why Guantanamo bay is used to house them. US Constitution does not apply in Cuba and Guantanamo bay is Cuban soil. Yes, of course you can argue this is bollocks and you'd be right too, but what do you do then? There is no provision in US law for foreign unlawful combatants and you clearly can't let these people go the moment you catch them. You don't want to execute them either, lawfully other otherwise.

Treatment of former members of ISIS exposed a blind spot in international law that should be covered. That does not mean these people deserve the status of a PoW and they can't stand a criminal trial either - there is no competent authority where they could stand trial. That doesn't mean they should be let go, it means the international law is deficient and faulty in the edge case of a failed state.

The correct response to such a problem is to establish international law that would cover those cases. The incorrect response is to apply a law at random, even when that law explicitly excludes their circumstance. You wouldn't apply UN Convention on the Law of the Sea, article 105 (it deals with captured pirates) would you? I mean, it requires you to sieze an aircraft or a ship, so that's obviously faulty. So why do you think the Geneva convention would apply? It just as explicitly excludes militias such as ISIS, after all.
Your wilful misinterpretation of the GC is boring me now.
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