Talk:Unlawful combatant/Archive 3

message: * Talk:Unlawful combatant/Archive 1
* Talk:Unlawful combatant/Archive Illegal enemy combatant
See Archive 1 for the history of talk page before this time stamp Philip Baird Shearer 14:07, 9 Mar 2005 (UTC)
thread_title: Archive

message: Before the recent US court cases, the US supreme court had not visited this since before GCIII, it would seem to me that the most recent US supreme court cases rulings should be mentioned in passing along, with the original case and they all should all be moved down to near the end of the article into a US specific section.Philip Baird Shearer 14:39, 22 Oct 2004 (UTC)
replies: text: The peculiar legal status of Guantanamo Bay is a factor in the use of Guantanamo as a detention center.  Because sovereignty of Guantanamo Bay ultimately resides with Cuba, the U.S. government has argued (and one circuit court has agreed) that people detained at Guantanamo are legally outside of the U.S. and do not have the Constitutional rights that they would have if they were held on U.S. territory (see Cuban American Bar Ass'n, Inc. v. Christopher, 43 F.3d 1412 (11th Cir. 1995)).  However, in 2004, the Supreme Court rejected this argument in the case Rasul v. Bush with the majority decision and ruled that prisoners in Guantanamo have access to American courts, citing the fact that the U.S. has exclusive control over Guantanamo Bay.
This was taken from the GB page it holds the information with the stuff already on the page to update the US S.Court view of an unlawful combatant with consideration of the 1949 GC treaty obligations. Any one want to write a US specific section and place it just before the Criticism section?  Philip Baird Shearer 04:54, 10 Nov 2004 (UTC)
thread_title: US Specific Section

message: The phrase repeatedly used by the Bush regime is "enemy combatant."  I am confused as to why "unlawful combatant" has replaced it in this article.  --Daniel C. Boyer 20:02, 30 Nov 2004 (UTC)
thread_title:  Enemy combatant 

message: From:
:Unlawful combatant (also illegal combatant or unprivileged combatant) describes a person who engages in combat without meeting the requirements for a lawful belligerent according to the laws of war as specified in the Third Geneva Convention.
To:
:Simply, a person called an unlawful combatant (also illegal combatant or unprivileged combatant) is someone who engages in combat and, in doing so, violates the law.
Before it specified that international law was being broken specifically the definition in GCIII. Which law does it refer to now?
From:
:Countries that identify such unlawful combatants may not necessarily accord them the rights of prisoners of war described in the Third Geneva Convention, though they may retain rights under the Fourth Geneva Convention in that they must be "treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial".
To:
:The context in which the combat takes place is usually a war and the laws violated are related to the manner of that combat; for example, laws of war. One who engages within the laws relating to the combat are called lawful combatants.
It is not "usually a war" in which combat takes place. It is very difficult to fight a war since the UN charter came into force. Armed forces are usually engaged in "armed conflict" which may or may not be a declared war.
It is not possible to divide international law and domestic law into two section. Domestic law has to be subservient to international law. When two parties are engaged in armed conflict, enemy combatants are not expected to obey the domestic laws of their opponent. They are expected to conform to the laws of war. --Philip Baird Shearer 11:06, 22 Mar 2005 (UTC)
replies: text: The United States administration uses the term illegal enemy combatant to describe people detained by the United States under some Presidential military orders. However as the United States' courts have not yet ruled that any of the detainees have faced a "competent [military] tribunal", this phrase is not a legal description of the detainees status.
--Philip Baird Shearer 18:12, 23 Mar 2005 (UTC)
thread_title: Changes to first section