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	<title>Comments on: Genevamania! Bush extends Article 3 to detainees worldwide</title>
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		<title>By: Mark Jaquith</title>
		<link>http://hotair.com/archives/2006/07/11/genevamania-bush-extends-article-3-to-detainees-worldwide/comment-page-1/#comment-28575</link>
		<dc:creator>Mark Jaquith</dc:creator>
		<pubDate>Sat, 15 Jul 2006 06:37:52 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/the-blog/2006/07/11/genevamania-bush-extends-article-3-to-detainees-worldwide/#comment-28575</guid>
		<description>&lt;blockquote&gt;No uniform = SPY

You are allowed to shoot spies during a war. &lt;/blockquote&gt;

Got a quote for that?

Here&#039;s what I&#039;ve found regarding spies:

&lt;blockquote&gt;Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention.

In each case, such persons shall nevertheless be treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with security of State or Occupying Power as case may be.&lt;/blockquote&gt;

Remember that this doesn&#039;t mean they get POW status, just protected civilian status.

Read the whole thing &lt;a href=&quot;http://www.unhchr.ch/html/menu3/b/92.htm&quot; rel=&quot;nofollow&quot;&gt;here&lt;/a&gt;.</description>
		<content:encoded><![CDATA[<blockquote><p>No uniform = SPY</p>
<p>You are allowed to shoot spies during a war. </p></blockquote>
<p>Got a quote for that?</p>
<p>Here&#8217;s what I&#8217;ve found regarding spies:</p>
<blockquote><p>Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention.</p>
<p>In each case, such persons shall nevertheless be treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with security of State or Occupying Power as case may be.</p></blockquote>
<p>Remember that this doesn&#8217;t mean they get POW status, just protected civilian status.</p>
<p>Read the whole thing <a href="http://www.unhchr.ch/html/menu3/b/92.htm" rel="nofollow">here</a>.</p>
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		<title>By: Global News Blog &#187; Terrorism and Insurgency - Genevamania! Bush extends Article 3 to detainees worldwide</title>
		<link>http://hotair.com/archives/2006/07/11/genevamania-bush-extends-article-3-to-detainees-worldwide/comment-page-1/#comment-27846</link>
		<dc:creator>Global News Blog &#187; Terrorism and Insurgency - Genevamania! Bush extends Article 3 to detainees worldwide</dc:creator>
		<pubDate>Thu, 13 Jul 2006 06:37:51 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/the-blog/2006/07/11/genevamania-bush-extends-article-3-to-detainees-worldwide/#comment-27846</guid>
		<description>[...] Genevamania! Bush extends Article 3 to detainees worldwideHot Air,&#160;MD&#160;- Jul 11, 2006&#8230; Which means no matter how global the jihad might be, so long as a jihadi is captured within the territory of a signatory to the Conventions, he s entitled to &#8230; [...]</description>
		<content:encoded><![CDATA[<p>[...] Genevamania! Bush extends Article 3 to detainees worldwideHot Air,&nbsp;MD&nbsp;- Jul 11, 2006&#8230; Which means no matter how global the jihad might be, so long as a jihadi is captured within the territory of a signatory to the Conventions, he s entitled to &#8230; [...]</p>
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		<title>By: entagor</title>
		<link>http://hotair.com/archives/2006/07/11/genevamania-bush-extends-article-3-to-detainees-worldwide/comment-page-1/#comment-27548</link>
		<dc:creator>entagor</dc:creator>
		<pubDate>Wed, 12 Jul 2006 14:45:54 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/the-blog/2006/07/11/genevamania-bush-extends-article-3-to-detainees-worldwide/#comment-27548</guid>
		<description>&lt;blockquote&gt;No uniform = spy&lt;/blockquote&gt;

I do not believe it is spelled out in the Geneva Convention, but de facto, do not the indentifiers, or national insignia of uniforms have to be designated before the fight begins?

Otherwise, how do you declare what is not a uniform, when determining who is a spy, and who is a combatant?

The Geneva Conventions and legal traditions are explained beautifully at the &lt;a href=&quot;http://www.fed-soc.org/Publications/Terrorism/unlawfulcombatants.htm&quot; rel=&quot;nofollow&quot;&gt;Federalist Society&lt;/a&gt;
  
The only sure identifier I can determine for these terrorists is a severed human head which is seen easily at a distance as required by the Conventions, and pretty much copyrighted by that group.

The head choppers should be accorded full Geneva treatments, everyone else should be shot on sight.

This would be a win-win, because, in most of America excepting perhaps San Francisco, and Bloomberg&#039;s New York, cutting off the head of a kafir would be considered at least a misdemeanor.

It may even be sufficient to disqualify the identifiable combatant from getting amnesty under the Senate Immigration Bill.</description>
		<content:encoded><![CDATA[<blockquote><p>No uniform = spy</p></blockquote>
<p>I do not believe it is spelled out in the Geneva Convention, but de facto, do not the indentifiers, or national insignia of uniforms have to be designated before the fight begins?</p>
<p>Otherwise, how do you declare what is not a uniform, when determining who is a spy, and who is a combatant?</p>
<p>The Geneva Conventions and legal traditions are explained beautifully at the <a href="http://www.fed-soc.org/Publications/Terrorism/unlawfulcombatants.htm" rel="nofollow">Federalist Society</a></p>
<p>The only sure identifier I can determine for these terrorists is a severed human head which is seen easily at a distance as required by the Conventions, and pretty much copyrighted by that group.</p>
<p>The head choppers should be accorded full Geneva treatments, everyone else should be shot on sight.</p>
<p>This would be a win-win, because, in most of America excepting perhaps San Francisco, and Bloomberg&#8217;s New York, cutting off the head of a kafir would be considered at least a misdemeanor.</p>
<p>It may even be sufficient to disqualify the identifiable combatant from getting amnesty under the Senate Immigration Bill.</p>
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		<title>By: Highplains</title>
		<link>http://hotair.com/archives/2006/07/11/genevamania-bush-extends-article-3-to-detainees-worldwide/comment-page-1/#comment-27454</link>
		<dc:creator>Highplains</dc:creator>
		<pubDate>Wed, 12 Jul 2006 04:58:10 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/the-blog/2006/07/11/genevamania-bush-extends-article-3-to-detainees-worldwide/#comment-27454</guid>
		<description>No uniform = SPY

You are allowed to shoot spies during a war.</description>
		<content:encoded><![CDATA[<p>No uniform = SPY</p>
<p>You are allowed to shoot spies during a war.</p>
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		<title>By: Old War Dogs</title>
		<link>http://hotair.com/archives/2006/07/11/genevamania-bush-extends-article-3-to-detainees-worldwide/comment-page-1/#comment-27432</link>
		<dc:creator>Old War Dogs</dc:creator>
		<pubDate>Wed, 12 Jul 2006 03:27:00 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/the-blog/2006/07/11/genevamania-bush-extends-article-3-to-detainees-worldwide/#comment-27432</guid>
		<description>&lt;strong&gt;Re: &quot;Hmmm?&quot;...&lt;/strong&gt;

Finally admitted I&#039;d been pushing myself too hard and crashed for a little over 12 hours. In the mean time, Zero beat me to the story of the day. One of the great things about having a team...</description>
		<content:encoded><![CDATA[<p><strong>Re: &#8220;Hmmm?&#8221;&#8230;</strong></p>
<p>Finally admitted I&#8217;d been pushing myself too hard and crashed for a little over 12 hours. In the mean time, Zero beat me to the story of the day. One of the great things about having a team&#8230;</p>
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		<title>By: Hot Air &#187; Blog Archive &#187; Bruce Willis, 9/11 Truther?</title>
		<link>http://hotair.com/archives/2006/07/11/genevamania-bush-extends-article-3-to-detainees-worldwide/comment-page-1/#comment-27427</link>
		<dc:creator>Hot Air &#187; Blog Archive &#187; Bruce Willis, 9/11 Truther?</dc:creator>
		<pubDate>Wed, 12 Jul 2006 03:17:45 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/the-blog/2006/07/11/genevamania-bush-extends-article-3-to-detainees-worldwide/#comment-27427</guid>
		<description>[...] Truly, truly distressing, though. Dare I say it, it&#8217;s driven me to Sullivanesque depths of despondency. And on the very day when I&#8217;ve been soaring over America having recaptured its very soul. [...]</description>
		<content:encoded><![CDATA[<p>[...] Truly, truly distressing, though. Dare I say it, it&#8217;s driven me to Sullivanesque depths of despondency. And on the very day when I&#8217;ve been soaring over America having recaptured its very soul. [...]</p>
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		<title>By: Hot Air &#187; Blog Archive &#187; The Pentagon and Geneva: Terrorists pick up a major win</title>
		<link>http://hotair.com/archives/2006/07/11/genevamania-bush-extends-article-3-to-detainees-worldwide/comment-page-1/#comment-27342</link>
		<dc:creator>Hot Air &#187; Blog Archive &#187; The Pentagon and Geneva: Terrorists pick up a major win</dc:creator>
		<pubDate>Tue, 11 Jul 2006 22:07:25 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/the-blog/2006/07/11/genevamania-bush-extends-article-3-to-detainees-worldwide/#comment-27342</guid>
		<description>[...] We could have done that, but if we had we would have lost a great deal of intelligence that was gained through interrogations. But all that&#8217;s over now. In the wake of the Hamdan decision&#8211;a decision in which the US Supreme Court inserted itself into the executive branch&#8217;s wartime authority&#8211;the Pentagon is announcing that all of the detainees will get Article 3 treatment. Allah has posted on some of the legal implications. Bottom line: this will have profound implications on the future conduct of the war. Among other things, it will end useful intelligence-gathering from captured terrorists and may mean scrapping military tribunals, granting captured terrorist access to our civilian courts: Concerning a replacement for the tribunals, Mr. Snow said the administration intended to work with Congress to devise a system of justice for terror suspects, as the court had required. At a hearing of the Senate Judiciary Committee, Steven Bradbury, a Justice Department official, laid out the administration’s case for making changes to the system of military tribunals rather than scrapping them altogether. [...]</description>
		<content:encoded><![CDATA[<p>[...] We could have done that, but if we had we would have lost a great deal of intelligence that was gained through interrogations. But all that&#8217;s over now. In the wake of the Hamdan decision&#8211;a decision in which the US Supreme Court inserted itself into the executive branch&#8217;s wartime authority&#8211;the Pentagon is announcing that all of the detainees will get Article 3 treatment. Allah has posted on some of the legal implications. Bottom line: this will have profound implications on the future conduct of the war. Among other things, it will end useful intelligence-gathering from captured terrorists and may mean scrapping military tribunals, granting captured terrorist access to our civilian courts: Concerning a replacement for the tribunals, Mr. Snow said the administration intended to work with Congress to devise a system of justice for terror suspects, as the court had required. At a hearing of the Senate Judiciary Committee, Steven Bradbury, a Justice Department official, laid out the administration’s case for making changes to the system of military tribunals rather than scrapping them altogether. [...]</p>
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		<title>By: ScottG</title>
		<link>http://hotair.com/archives/2006/07/11/genevamania-bush-extends-article-3-to-detainees-worldwide/comment-page-1/#comment-27253</link>
		<dc:creator>ScottG</dc:creator>
		<pubDate>Tue, 11 Jul 2006 19:20:51 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/the-blog/2006/07/11/genevamania-bush-extends-article-3-to-detainees-worldwide/#comment-27253</guid>
		<description>&lt;blockquote&gt;Changing the policy on his own initiative lets Bush bank some goodwill on the eve of the G8 with North Korea and Iran on the table.

Smart politics. And so good for the soul.&lt;/blockquote&gt;

Is this like the goodwill he always seeks from his enemies? Gee, I don&#039;t think any of them have &lt;em&gt;ever&lt;/em&gt; reciprocated. And they won&#039;t now.

&lt;blockquote&gt;Its my understanding that the GC protections (in Article 3) do not extend to ‘illegal combatants’ in any nation...When terrorists hide in the civilian population as civilians they endanger the civilians and do not deserve GC protection.&lt;/blockquote&gt;

Absolutely correct. Yet, we&#039;re giving it to them on bended knee with neck proffered.

&lt;a href=&quot;http://ahshoot.blogspot.com/2006/07/war-is-lost-weve-surrendered.html&quot; rel=&quot;nofollow&quot;&gt;It&#039;s over, we&#039;ve lost&lt;/a&gt;.</description>
		<content:encoded><![CDATA[<blockquote><p>Changing the policy on his own initiative lets Bush bank some goodwill on the eve of the G8 with North Korea and Iran on the table.</p>
<p>Smart politics. And so good for the soul.</p></blockquote>
<p>Is this like the goodwill he always seeks from his enemies? Gee, I don&#8217;t think any of them have <em>ever</em> reciprocated. And they won&#8217;t now.</p>
<blockquote><p>Its my understanding that the GC protections (in Article 3) do not extend to ‘illegal combatants’ in any nation&#8230;When terrorists hide in the civilian population as civilians they endanger the civilians and do not deserve GC protection.</p></blockquote>
<p>Absolutely correct. Yet, we&#8217;re giving it to them on bended knee with neck proffered.</p>
<p><a href="http://ahshoot.blogspot.com/2006/07/war-is-lost-weve-surrendered.html" rel="nofollow">It&#8217;s over, we&#8217;ve lost</a>.</p>
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		<title>By: Stop The ACLU</title>
		<link>http://hotair.com/archives/2006/07/11/genevamania-bush-extends-article-3-to-detainees-worldwide/comment-page-1/#comment-27241</link>
		<dc:creator>Stop The ACLU</dc:creator>
		<pubDate>Tue, 11 Jul 2006 18:52:38 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/the-blog/2006/07/11/genevamania-bush-extends-article-3-to-detainees-worldwide/#comment-27241</guid>
		<description>&lt;strong&gt;Bush Administration Caves To ACLU...&lt;/strong&gt;

	USAToday is reporting that the Bush Administration has caved to the ACLU by providing &#8220;rights&#8221; to detainees that they clearly are not entitled to:
	“The Bush administration said Tuesday that all detainees held at Guantanamo Bay, Cuba, an...</description>
		<content:encoded><![CDATA[<p><strong>Bush Administration Caves To ACLU&#8230;</strong></p>
<p>	USAToday is reporting that the Bush Administration has caved to the ACLU by providing &#8220;rights&#8221; to detainees that they clearly are not entitled to:<br />
	“The Bush administration said Tuesday that all detainees held at Guantanamo Bay, Cuba, an&#8230;</p>
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		<title>By: Attila (Pillage Idiot)</title>
		<link>http://hotair.com/archives/2006/07/11/genevamania-bush-extends-article-3-to-detainees-worldwide/comment-page-1/#comment-27237</link>
		<dc:creator>Attila (Pillage Idiot)</dc:creator>
		<pubDate>Tue, 11 Jul 2006 18:43:41 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/the-blog/2006/07/11/genevamania-bush-extends-article-3-to-detainees-worldwide/#comment-27237</guid>
		<description>Two words: Feh.

OK, one word. Sue me.</description>
		<content:encoded><![CDATA[<p>Two words: Feh.</p>
<p>OK, one word. Sue me.</p>
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		<title>By: CrazyFool</title>
		<link>http://hotair.com/archives/2006/07/11/genevamania-bush-extends-article-3-to-detainees-worldwide/comment-page-1/#comment-27231</link>
		<dc:creator>CrazyFool</dc:creator>
		<pubDate>Tue, 11 Jul 2006 18:30:18 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/the-blog/2006/07/11/genevamania-bush-extends-article-3-to-detainees-worldwide/#comment-27231</guid>
		<description>Its my understanding that the GC protections (in Article 3) do not extend to &#039;illegal combatants&#039; in any nation. These are the ones which do not have any sort of plainly visible identiciation as a combatant - an armband, uniform, etc... 

Is this true? 

The GC was written, partially, to protect the civilian populations by clearly identifying the combatants. When terrorists hide in the civilian population as civilians they endanger the civilians and do not deserve GC protection.</description>
		<content:encoded><![CDATA[<p>Its my understanding that the GC protections (in Article 3) do not extend to &#8216;illegal combatants&#8217; in any nation. These are the ones which do not have any sort of plainly visible identiciation as a combatant &#8211; an armband, uniform, etc&#8230; </p>
<p>Is this true? </p>
<p>The GC was written, partially, to protect the civilian populations by clearly identifying the combatants. When terrorists hide in the civilian population as civilians they endanger the civilians and do not deserve GC protection.</p>
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		<title>By: Dread Pirate Roberts VI</title>
		<link>http://hotair.com/archives/2006/07/11/genevamania-bush-extends-article-3-to-detainees-worldwide/comment-page-1/#comment-27226</link>
		<dc:creator>Dread Pirate Roberts VI</dc:creator>
		<pubDate>Tue, 11 Jul 2006 18:05:19 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/the-blog/2006/07/11/genevamania-bush-extends-article-3-to-detainees-worldwide/#comment-27226</guid>
		<description>Oh yeah! And let&#039;s see if this a two way street!</description>
		<content:encoded><![CDATA[<p>Oh yeah! And let&#8217;s see if this a two way street!</p>
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		<title>By: Dread Pirate Roberts VI</title>
		<link>http://hotair.com/archives/2006/07/11/genevamania-bush-extends-article-3-to-detainees-worldwide/comment-page-1/#comment-27224</link>
		<dc:creator>Dread Pirate Roberts VI</dc:creator>
		<pubDate>Tue, 11 Jul 2006 18:04:19 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/the-blog/2006/07/11/genevamania-bush-extends-article-3-to-detainees-worldwide/#comment-27224</guid>
		<description>Ok now take them out and hang them!</description>
		<content:encoded><![CDATA[<p>Ok now take them out and hang them!</p>
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		<title>By: JamesVersusEveryone</title>
		<link>http://hotair.com/archives/2006/07/11/genevamania-bush-extends-article-3-to-detainees-worldwide/comment-page-1/#comment-27212</link>
		<dc:creator>JamesVersusEveryone</dc:creator>
		<pubDate>Tue, 11 Jul 2006 17:37:29 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/the-blog/2006/07/11/genevamania-bush-extends-article-3-to-detainees-worldwide/#comment-27212</guid>
		<description>This means that we can&#039;t use napalm on them, right?</description>
		<content:encoded><![CDATA[<p>This means that we can&#8217;t use napalm on them, right?</p>
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		<title>By: Romeo13</title>
		<link>http://hotair.com/archives/2006/07/11/genevamania-bush-extends-article-3-to-detainees-worldwide/comment-page-1/#comment-27211</link>
		<dc:creator>Romeo13</dc:creator>
		<pubDate>Tue, 11 Jul 2006 17:36:42 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/the-blog/2006/07/11/genevamania-bush-extends-article-3-to-detainees-worldwide/#comment-27211</guid>
		<description>Fun part about this is that now Bush does NOT have to give trials to these folks...

(c) Outrages upon personal dignity, in particular humiliating and degrading treatment; 

(d) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples. 

D means that we can keep them for as long as we want, as POWs without charging them... we only have to give them judicial guarantees IF they go to court...

C is more problematic, as personal indignity is in the eye of the beholder... they can say that not following Sharia law is an affront to their dignity...


Other problem with this... do you know that we have to start PAYING these prisoners under the Geneva Convention???</description>
		<content:encoded><![CDATA[<p>Fun part about this is that now Bush does NOT have to give trials to these folks&#8230;</p>
<p>(c) Outrages upon personal dignity, in particular humiliating and degrading treatment; </p>
<p>(d) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples. </p>
<p>D means that we can keep them for as long as we want, as POWs without charging them&#8230; we only have to give them judicial guarantees IF they go to court&#8230;</p>
<p>C is more problematic, as personal indignity is in the eye of the beholder&#8230; they can say that not following Sharia law is an affront to their dignity&#8230;</p>
<p>Other problem with this&#8230; do you know that we have to start PAYING these prisoners under the Geneva Convention???</p>
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