• From: Judith Evans <judithevans001@xxxxxxxxxxxxxx>
  • To: lit-ideas@xxxxxxxxxxxxx
  • Date: Sun, 11 Jun 2006 20:21:08 +0100 (BST)

Ah -- I see.  So if the US is at war with nation X
(i.e. if war has been declared) then that country's
regular forces are protected by Conventions but their
spies and saboteurs -- proven to be such and/or caught
in the act -- are not.

But what about people of any nationality who are
picked up by the CIA in various countries and locked
up somewhere not subject to US laws?

"The UK" believes Guantanamo Bay should be closed

--- Eric Yost <eyost1132@xxxxxxxxxxxxx> wrote:

> Wikipedia outlines this controversial position at: 
> http://en.wikipedia.org/wiki/Unlawful_combatants
> The concept of "unlawful combatants" [derives] from
> a 1942 
> United States Supreme Court decision in the case ex
> parte 
> Quirin, through which it was introduced into US
> domestic 
> law.[16] In this case, the Supreme Court upheld the 
> jurisdiction of a U.S. military tribunal over the
> trial of 
> several German saboteurs in the US. This decision
> states:
>      "...the law of war draws a distinction between
> the 
> armed forces and the peaceful populations of
> belligerent 
> nations and also between those who are lawful and
> unlawful 
> combatants. Lawful combatants are subject to capture
> and 
> detention as prisoners of war by opposing military
> forces. 
> Unlawful combatants are likewise subject to capture
> and 
> detention, but in addition they are subject to trial
> and 
> punishment by military tribunals for acts which
> render their 
> belligerency unlawful. The spy who secretly and
> without 
> uniform passes the military lines of a belligerent
> in time 
> of war, seeking to gather military information and 
> communicate it to the enemy, or an enemy combatant
> who 
> without uniform comes secretly through the lines for
> the 
> purpose of waging war by destruction of life or
> property, 
> are familiar examples of belligerents who are
> generally 
> deemed not to be entitled to the status of prisoners
> of war, 
> but to be offenders against the law of war subject
> to trial 
> and punishment by military tribunals."

Judy Evans, Cardiff

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