Napoleon
Well-Known Member
The Geneva conventions were written for soldiers at war. They apply to enemy combattants. The people who were sent to the camp in cuba were unlawful combattants. They wore no insignia. They were answerable to no responsible officer, and the list goes on. They have no rights under the geneva conventions.
The Geneva Conventions grant even the so called "illegal" combatants basic rights. Article 5 states:
"Where in the territory of a Party to the conflict, the latter is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State.
Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention.
In each case, such persons shall nevertheless be treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the security of the State or Occupying Power, as the case may be."
In addition, the United States ratified the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on October 21, 1994. This Convention protects ALL persons regardless of combat status.