I met a really impressive law professor (Amos Guiora, a professor of law at Case Western Reserve and Director of the Institute for Global Security Law and Policy who was a Judge Advocate General of the Israeli Defense Force) at a conference on law this year. He’s just sent me a document that should be taken seriously by anyone who’s been following the debate on U.S. policy on treatment of detainees and prisoner: The Cleveland Principles of International Law on the Detention and Treatment of Persons in Connection with “The Global War on Terror.”
This is a very interesting document. I think it makes it very clear the the U.S. gov’t is violating law on a regular basis.
It’s about time that impeachment and criminal prcoeedings be brought against those responsible, starting with the President, and working all the way down the chain. I’d like to see this occur with respect to the NSA domestic spying revelations as well.
We may yet see this criminal administration brought down. I hope so.
That’s a good summary. One of the most relevant sections is that pertaining to tribunals. Article V of Geneva Convention III requires it, and Army Regulation 190-8 reiterates the requirement.
I wish I’d had that as a starting point for the paper I just wrote, but in the end it didn’t make a difference. The question is why the United States has not convened any such tribunals; many of the people detained would not qualify for protection under the convention. It seems to just be a method of expediency.
Have you seen Marty Lederman’s posts that show the U.S. was implying torture was legal under Geneva?