> I asked for references to support that claim already -- got nothing from dpark...
Where in the Geneva conventions does it say that they apply to all warring parties? I'm genuinely asking. My understanding is that they apply to signatories only:
In addition to the provisions which shall be implemented in peace time, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.
Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.
So, it applies to conflicts between signatories or conflicts involving a signatory and a non-signatory who accepts the terms of the convention. So you're right that it's not strictly nation states. But it's also not every combat participant by my reading.
> What your position is based on, according to yourself, is wrong. I added this link around ten minutes before you posted that:
> It address exactly those unlawful combatants and laws.*
This is not a treaty. Also, the problem with retaining people indefinitely doesn't go away because we pass a law declaring that we can call them combatants. We know that we have detained innocent people in Guantanamo for extended periods of time. You can legally call them whatever you want, but it's still morally repugnant to hold innocent people indefinitely. (It is morally repugnant to hold anyone indefinitely without trial because it indicates an unwillingness or inability to establish guilt.)
The Geneva Conventions do not recognize any lawful status for combatants in conflicts not involving two or more nation states. A state in such a conflict is legally bound only to observe Article 3 of the Geneva Conventions and may ignore all the other Articles. But each one of them is completely free to apply all or part of the remaining Articles of the Convention.[6]
Since you have no foot to stand on -- bye.
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(A note that doesn't matter for my argument: Out of interest you might want to read this and the "See also" for the page, especially the "No longer enemy combatant" link: https://en.wikipedia.org/wiki/Unlawful_combatant#Internation... The US Supreme Court seems to agree that unlawful combatants should get protection by the Geneva Conventions -- but this doesn't matter for my argument anyway.)
Where in the Geneva conventions does it say that they apply to all warring parties? I'm genuinely asking. My understanding is that they apply to signatories only:
https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/ART/375-59...
In addition to the provisions which shall be implemented in peace time, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance. Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.
So, it applies to conflicts between signatories or conflicts involving a signatory and a non-signatory who accepts the terms of the convention. So you're right that it's not strictly nation states. But it's also not every combat participant by my reading.
> What your position is based on, according to yourself, is wrong. I added this link around ten minutes before you posted that:
> https://en.wikipedia.org/wiki/Military_Commissions_Act_of_20...
> It address exactly those unlawful combatants and laws.*
This is not a treaty. Also, the problem with retaining people indefinitely doesn't go away because we pass a law declaring that we can call them combatants. We know that we have detained innocent people in Guantanamo for extended periods of time. You can legally call them whatever you want, but it's still morally repugnant to hold innocent people indefinitely. (It is morally repugnant to hold anyone indefinitely without trial because it indicates an unwillingness or inability to establish guilt.)