""This debate is ocurring because of the Supreme Court's ruling that sauid that we must conduct ourselves under the Common Article 3 of the Geneva Convention, and that Common Article 3 says that, you know, there will be no outrages upon human dignity. That's like--it's very vague. What does that mean, "Outrages upon human dignity?" George W. Bush, September 15, 2006
Common Article 3 is actually more specific than the President's language would indicate. Read the following.
"Common Article 3
Common Article 3 reads, in its entirety:
Article 3
In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each party to the conflict shall be bound to apply, as a minimum, the following provisions:
1. Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
(a) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(b) Taking of hostages;
(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.
2. The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.
The application of the preceding provisions shall not affect the legal status of the Parties to the conflict. "
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3 comments:
"Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture . . . ."
This is the language that the McCain/Bush compromise appear to offer. All that wrnagling for no change?
"In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties . . . "
What does this mean? And does it apply to Iraq?
Here's the analysis by the CDI. I do admit that I still have a question about the wording of "not of an international character" and "territory of High Contracting Parties."
"Even beyond the question of the illegality of non-sovereign global warfare and aggression, the terrorist mission largely centers around, in large part is defined by, committing international crimes, such as deliberately targeting civilians, taking hostages, and indiscriminately inflicting violent death and suffering of horrific proportions like that unleashed on Sept. 11, 2001."
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