[extropy-chat] Re: Iraq and Legality Again

[Dirk Bruere]

Mike Lorrey wrote:

>One more misnomer. Guerilla insurgents do not engage in 'conventional
>warfare'. They too are war criminals under the Geneva Conventions, for
>not wearing uniforms, or answering to a command structure, and most
>importantly, for hiding behind unarmed civilians in civilian
>facilities. Whether they are 'patriots' fighting for restoration of the
>  
>
According to the US there are a number of 'command structures' from 
Baathist to AQ.

http://www.genevaconventions.org/
Additional to the Geneva Conventions of 12 August 1949, and relating to 
the Protection of Victims of International Armed Conflicts, 8 June 1977.

Art. 44. Combatants and prisoners of war

1. Any combatant, as defined in Article 43, who falls into the power of 
an adverse Party shall be a prisoner of war.

2. While all combatants are obliged to comply with the rules of 
international law applicable in armed conflict, violations of these 
rules shall not deprive a combatant of his right to be a combatant or, 
if he falls into the power of an adverse Party, of his right to be a 
prisoner of war, except as provided in paragraphs 3 and 4.

3. In order to promote the protection of the civilian population from 
the effects of hostilities, combatants are obliged to distinguish 
themselves from the civilian population while they are engaged in an 
attack or in a military operation preparatory to an attack. Recognizing, 
however, that there are situations in armed conflicts where, owing to 
the nature of the hostilities an armed combatant cannot so distinguish 
himself, he shall retain his status as a combatant, provided that, in 
such situations, he carries his arms openly:

(a) during each military engagement, and (b) during such time as he is 
visible to the adversary while he is engaged in a military deployment 
preceding the launching of an attack in which he is to participate.

Acts which comply with the requirements of this paragraph shall not be 
considered as perfidious within the meaning of Article 37, paragraph 1 (c).

-- 
Dirk

The Consensus:-
The political party for the new millenium
http://www.theconsensus.org



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