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Originally Posted by irateplatypus
that being said... the circumstances the authors of the Geneva convention had in mind are not relevant to a lot of our present conflict. our enemy does not have serial numbers or a visible chain of command. they do not wear uniforms and make violence against civilians policy. our enemy is unfit for protections afforded to soldiers who fight according to the LOAC.
the US should take the lead and establish internationally agreed upon protocols for terrorist prisoners. we should get this out of the way as soon as we can so our policies have international legitimacy and so we can fully direct our attention to fighting the war. the Geneva convention in its current state is not adequate for addressing the human rights concerns that face us today.
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I disagree that a new perspective on dealing with captured enemies is necessary.
But regardless - if as you say, new treaties and laws surrounding captured enemies are necessary, they should be put in place BEFORE we had started dealing with captured enemies in ways contrary to the existing treaties and laws.
As is, we have clear cut cases of International Law violations as well as subsequent National Law violations - and those responsible should be prosecuted.