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I would make one technical correction to your statement above. The Geneva Convention applies to uniformed soldiers of a state.
The convention would apply to the Taliban since they were the recognized gov of Afghanistan. Al Qaeda was not a uniformed military so labeled enemy combatants. No Geneva rules apply to them. No US law protects them on foreign soil.
Hello there dveasel
There are many IHL treaties, Geneva being a series of 4 conventions are not the only treaties which guide the laws of war. There are others, such as Ottawa...
These treaties do define terrorist acts in the field of war as illegal and acts of war, perpetrators of these acts can be detained as prisoners of war until the end of hostilities under an article of the 4th Geneva convention.
G.W. Bush tried to get around a court decisions and had the designation "enemy combatants" changed to "Belligerents", hower Obama overturned that and they are now again Prioners of war and as such, may only be held without charge to the end of hostilities, which time has passed.
Civilians not engaged in terrorists acts who are detained for one reason or another during a time of conflict are entitled to protections under the 3rd Geneva convention, which include a system of "due process"........
.........I think...
A war on terror. What country des? What army? What is the recognized legal entity with whom we are war? Please forgive my questioning you. I rarely do. But the Constitution gives the right to due process to every PERSON. Where does it list
any exceptions? I thought the American Justice system included due process rights for everyone. Doesn't it? Why? Thank you for your reply and Happy Tuesday. I thought the American people supported due process rights for everyone including " terrorists". Did I think wrong?
