We see that javascript is disabled or not supported by your browser - javascript is needed for important actions on the site. Read more

What's New - Home - Login

Member $avings: $81,589,984.67 | Books Available: 787,010 | Members Online: 55

Swap Used Books - Buy New Books at Great Prices!

How To Swap Books Sign Up Search submenu

PBS Market (New Books)

Gift Buying Guide

Book Browser Advanced Search Books Posted Today Member Book Reviews Award Winning Books NYT Best Sellers Amazon Best Sellers Most Traveled Copies Club Wish List

Discussion Forums Book Lists

Club Lists My Book Lists My Watched Lists Create a List

Blog Donations

School Donation Program In Memory of... Military Donation Program Friends of PBS

Box-O-Books Maps The Eclectic Pen Fun Stuff

20 Questions Sudoku Bookmark Creator

Top 100

Requests Posts Swappers Referrers Reviewers

Pulse of PBS Spread The Word

Invite Friends Bookmarks Facebook Page Facebook App More Ways...

Photo Gallery Recipes Club Tag Cloud Member Testimonials

Help Center submenu

How To Swap Books Browse Help Docs Ask the Librarian PBS Member Icons Live Help

Kiosk

PBS Market (New Books) Go Shopping Buy Credits Buy PBS Money Upgrade Membership Gift Certificates Transfer Credits

Need Help?

Search - Treatment of "Battlefield Detainees" in the War on Terrorism

Treatment of Battlefield Detainees in the War on Terrorism
Author: Jennifer Elsea

After earlier criticism from human rights organizations and many foreign governments regarding the determination that the Geneva Conventions of 1949 do not apply to the detainees held in Cuba, President Bush shifted position with an announcement that Taliban fighters are covered by the 1949 Geneva Conventions, while Al Qaeda fighters are not. Ta... more »liban fighters are not being treated as prisoners of war (POW), however, because they reportedly fail to meet international standards as lawful combatants The Bush Administration has deemed all of the detainees to be "unlawful combatants," who may, according to Administration officials, be held indefinitely without trial or even despite their eventual acquittal by a military tribunal. Six of the Detainees have been designated as subject to the President’s Military Order of Nov. 13, 2001, making them eligible for trial by military commission, although none has yet been charged. While earlier reports that the detainees were being treated inhumanely appear to be unfounded, some allied countries and human rights organizations are criticizing the President’s decision as relying on an inaccurate interpretation of the Geneva Convention for the Treatment of Prisoners of War (GPW). The U.N. High Commissioner on Human Rights (UNHCR) and some human rights organizations argue that all combatants captured on the battlefield are entitled to be treated as POWs until an independent tribunal has determined otherwise. The Geneva Conventions of 1949 create a comprehensive legal regime for the treatment of detainees in an armed conflict. Members of a regular armed force and certain others, including militias and volunteer corps serving as part of the armed forces, are entitled to specific privileges as POWs. Members of volunteer corps, militias, and organized resistence forces that are not part of the armed services of a party to the conflict are entitled to POW status if they meet four criteria specified in the treaty. Groups that do not meet the standards are not entitled to POW status, and their members who commit belligerent acts may be treated as civilians under the Geneva Convention Relative to the Protection of Civilian Persons in Time of War (GC). These "unprivileged" or "unlawful combatants" are not accorded immunity for their hostile acts. This report provides an overview of the law of war and the historical treatment of wartime detainees, in particular the United States’ practice for determining their status, and describes how the detainees’ status might affect their rights and treatment. The report also reviews the current status of petitions for habeas corpus filed on behalf of detainees held at Guantanamo Bay Naval Station. The report concludes with a discussion of Congress’ role and legislative proposals related to detention in connection with the war against terrorism, including H.R. 1290, H.R. 1029 and title I, subtitle C of S. 22.

ISBN-13: 9781410219268
ISBN-10: 1410219267
Publication Date: 12/1/2004
Pages: 60
Rating:

0 stars, based on 0 rating

Publisher: University Press of the Pacific
Book Type: Paperback
Members Wishing: 0
Reviews: Amazon | Write a Review

Back to the Top ↑

Search - Treatment of "Battlefield Detainees" in the War on Terrorism

Loading...