Convention I was first adopted in 1864 as part of the founding of the American Red Cross. This one was revised as Conventions II, III and IV were written and promulgated.
The subject in each case was "the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea," "the Treatment of prisoners of War" and "the Protection of Civilian Persons in Time of War."
The purpose behind these Conventions was to codify the rules of "civilized war."
"Nationals of a State which is not bound by the Convention are not protected by it." Terrorist groups are not a nation. Under Convention III (Part 1, Article 4, Section 2), prisoners of war must meet specific status in order to be classified Prisoners of War.
Terrorists do not meet these conditions. Therefore, no state or body of law can place them in POW status. To do so violates the provisions of the Conventions and renders the Conventions legally meaningless.
In a stunning overreach, the Supreme Court, by majority vote, stated that the Geneva Convention protection must be extended to captured terrorists. The ruling of the Court extended Constitutional protections to captured terrorists. The rights under the Constitution have always been reserved for those who live under that Constitution, not foreign enemies whose aim is to destroy it.
Based on this decision of the Court, how many times do we need special laws? Continuing this action will leave us with a panoply of laws that will be blinding and useless.
Barton F. Walker Jr.
More like this story