LowlyPion said:
Actually I think you will find that a consequence of http://www.law.cornell.edu/supct/pdf/03-6696P.ZO" is that the detainees are as a principle of Law covered by the Geneva Convention, regardless of the designation of combatant status. Not only did the Supreme Court find Hamdan was entitled to a habeas hearing, (and found that the Military Commissions were deficient in this regard), but found so on the basis of the Government's own published regulations concerning detainees, in which it asserts that the Geneva Conventions are controlling.
Nonsense. Like I mentioned, the regs say that such prisoners would be treated similar to Geneva standards even
when they don't apply with some exceptions. This is a far cry from Geneva being "controlling".
I'd say this Neocon justification to deny something already codified from something published at least since 1997 and recognized by the Supreme Court as controlling, is really just a smokescreen in which they would hope to conceal Bush Cheney from war crime exposure, and has no substantive basis.
First, it's the accusation of war crimes that must have a substantive basis, not the denial. Second, I have no interest in justifying or defending anything or anyone in this matter because until there is some substantiation of such absurd claims, there is no point.
Third, the reg you posted doesn't back up your claims. Do you have any evidence that anyone has denied what that reg says? That reg is not part of Geneva, it's in addition to Geneva. Is that not obvious?
I was merely being a master of the obvious pointing out the clear and obvious fact that the Geneva Convention itself says it doesn't apply to this case. And the case you cited, when not mischaracterized, makes it clear that the habeas entitlement is due to U.S. regs that say certain prisoners have certain rights contained in Geneva
even when Geneva doesn't apply.
And, some like to take advantage of the fact that most people have no idea what a "regulation" is, and they think it's the same thing as a law. A regulation is an instruction from the President to members of the Executive branch.
No citizen has ever been convicted of "violating" a U.S. regulation. Every federal prosecution must cite a law passed by congress that was allegedly violated.
The obligation of executive branch employees to follow regulations is based on the constitutional authority of the President to control that branch. All executive power is vested in the President, and everyone who exercises executive power has that power delegated to them by the President, mostly by regulations.
Yet some claim that "violating" a regulation that congress never voted on is not only a crime, but a war crime. That's just preposterous. And that the President committed a war crime as a result of his instructing executive branch members to treat prisoners better than Geneva requires? Again, taking advantage of the fact that too many Americans have no understanding whatsoever of basic civics.