Thursday, September 30, 2010

What's Missing Here?

From the Lawfare blog, discussing Guantanamo:

Like Steve Vladeck and unlike some of the human rights groups, in other words, David acknowledges that there is a legitimate role for non-criminal detention in the current conflict.
I would suggest that the missing phrase should be along the lines of "subject to the controls and limitations contained in the 3rd Geneva Convention of 1949 on the Treatment of Prisoners of War". Something notably missing at Gitmo.

That's your choice: PoW = rights but indefinite detention or criminal = trial and detention after sentence.

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