Sunday, June 13, 2004
The Red Cross Has Lost It
According to Nada Doumani, a spokesperson for the International Red Cross, if Saddam Hussein is not charged with a crime by June 30th, the US must release him, or break international law.
Link.
Bullshit.
1.) Saddam Hussein is not DEFINED as a prisoner of war. He is not a uniformed member of the opposing nation's military. The United States granted him PoW status to ensure that he would be humanely treated. But he is not ENTITLED to such status, is not wholly in that status, and what PoW status he does have can be revoked at any time.
2.) There is nothing in international law that says PoWs have to be released "at the end of an occupation." The ICRC needs to study up on the Geneva Conventions. According to Article 118 of the Geneva Convention Relative to The Treatment of Prisoners of War, PoWs are released "at the cessation of active hostilities."
Not that this idiot reporter bothered to check out this woman's claims against the text.
It's pretty sad when lowly National Guard lieutenant has to correct an ICRC spokesperson on the Law of War.
And it's pretty clear that hostilities are pretty active, and they ain't cessated yet.
3.) Saddam Hussein could easily be held without charges as a material witness to innumerable crimes against humanity. There is no reason to rush to the charges. US law grants a 7-year statute of limitations. But there is not statute of limitations against his many murders. Charges can be filed in due course, in consultation with the new Iraqi government.
The ICRC is more interested in scoring cheap political points with Eurotwits than in the pursuit of justice.
Now, let's look at the sourcing of the article:
The article includes evidence of an interview with Nada Doumani herself. Check. Ok, good. And it includes exerpts from an interview with...
with...
Oh, hey, wait a minute...this reporter didn't interview ANYONE else for the story. Not a coalition military spokesperson, not the state department, not the justice department, not the Iraqi government, not a single law professor or expert in international law, not the text of the convention itself. Nothing.
Instead, the Guardian just let itself get led around by the nose by the ICRC.
I don't know who's worse--the ICRC spokeswoman for misrepresenting the law and damaging the credibility of her organization, or the reporter and his editors for failing to do their jobs.
Splash, out
Jason
Link.
"The United States defines Saddam Hussein as a prisoner of war. At the end of an occupation PoWs have to be released provided they have no penal charges against them."
Bullshit.
1.) Saddam Hussein is not DEFINED as a prisoner of war. He is not a uniformed member of the opposing nation's military. The United States granted him PoW status to ensure that he would be humanely treated. But he is not ENTITLED to such status, is not wholly in that status, and what PoW status he does have can be revoked at any time.
2.) There is nothing in international law that says PoWs have to be released "at the end of an occupation." The ICRC needs to study up on the Geneva Conventions. According to Article 118 of the Geneva Convention Relative to The Treatment of Prisoners of War, PoWs are released "at the cessation of active hostilities."
Not that this idiot reporter bothered to check out this woman's claims against the text.
It's pretty sad when lowly National Guard lieutenant has to correct an ICRC spokesperson on the Law of War.
And it's pretty clear that hostilities are pretty active, and they ain't cessated yet.
3.) Saddam Hussein could easily be held without charges as a material witness to innumerable crimes against humanity. There is no reason to rush to the charges. US law grants a 7-year statute of limitations. But there is not statute of limitations against his many murders. Charges can be filed in due course, in consultation with the new Iraqi government.
The ICRC is more interested in scoring cheap political points with Eurotwits than in the pursuit of justice.
Now, let's look at the sourcing of the article:
The article includes evidence of an interview with Nada Doumani herself. Check. Ok, good. And it includes exerpts from an interview with...
with...
Oh, hey, wait a minute...this reporter didn't interview ANYONE else for the story. Not a coalition military spokesperson, not the state department, not the justice department, not the Iraqi government, not a single law professor or expert in international law, not the text of the convention itself. Nothing.
Instead, the Guardian just let itself get led around by the nose by the ICRC.
I don't know who's worse--the ICRC spokeswoman for misrepresenting the law and damaging the credibility of her organization, or the reporter and his editors for failing to do their jobs.
Splash, out
Jason
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