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WROING, you completely ignore the other 3 Geneva Conventions, along with the additional protocols.. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol 1) Article 46.-Spies 1. Notwithstanding any other provision of the Conventions or of this Protocol, any member of the armed forces of a Party to the conflict who falls into the power of an adverse Party while engaging in espionage shall not have the right to the status of prisoner of war and may be treated as a spy. 2. A member of the armed forces of a Party to the conflict who, on behalf of that Party and in territory controlled by an adverse Party, gathers or attempts to gather information shall not be considered as engaging in espionage if, while so acting, he is in the uniform of his armed forces. 3. A member of the armed forces of a Party to the conflict who is a resident of territory occupied by an adverse Party and who, on behalf of the Party on which he depends, gathers or attempts to gather information of military value within that territory shall not be considered as engaging in espionage unless he does so through an act of false pretences or deliberately in a clandestine manner. Moreover, such a resident shall not lose his right to the status of prisoner of war and may not be treated as a spy unless he is captured while engaging in espionage. 4. A member of the armed forces of a Party to the conflict who is not a resident of territory occupied by an adverse Party and who has engaged in espionage in that territory shall not lose his right to the status of prisoner of war and may not be treated as a spy unless he is captured before he has rejoined the armed forces to which he belongs.
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he is in the uniform of his armed forces
guess what, having civilian clothes on does not constitute a uniform.
Do Guantanamo Bay prisoners deserve the same civil rights as American citizens
They deserve the Rights civilized nations (including the US) guarantee to all people. Americans have many additional Rights. The detainees only deserve those if they are Americans.
No these were spies being tried as spies. The conflict was really only about whether the US had the authority to try these men under military justice, which they clearly do. Those tried under the UCMJ have the same basic rights as people tried in civilian courts, including full rights up to and including an appeal to the US Supreme Court. I think you just proved the case that even spies have a full set of rights. Well done pgh!
And you continuing to ignore these facts discredit any further dicscussion on the topic..
Spies have been shot IN THE PAST. Execution by shooting is not currently a punishment available to even the most bloodthirsty RW prosecutor.
Note that ex Parte Quinn was in 1942 and some of the criteria used by the Court have been modified by the United States in its agreement to subsequent international standards of conduct. In addition Hamdan v Rumsfeld significantly modifies Quinn.
You'd think you'd just finally admit your wrong or simply bumping up the thread so I can embarass you some more. I've pointed out in EVERY posting of yours LEGAL reasons why you were wrong along with legal cases to back them up.
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Originally Posted by rlchurch
No these were spies being tried as spies. The conflict was really only about whether the US had the authority to try these men under military justice, which they clearly do. Those tried under the UCMJ have the same basic rights as people tried in civilian courts, including full rights up to and including an appeal to the US Supreme Court. I think you just proved the case that even spies have a full set of rights. Well done pgh!
First, I NEVER said they are not entitled to some rights, that is NOT the question, the question is, are they entitled to the SAME rights AMERICANS. Do you not understand the difference?
Second, did you even read the case? The were not SPIES, they individuals who violated the rules of law and because of it, they were put on trial as a spy, they were NOT spies.
The four were there landed from the submarine in the hours of darkness, on or about June 13, 1942, carrying with them a supply of explosives, fuses, and incendiary and timing devices. While landing, they wore German Marine Infantry uniforms or parts of uniforms. Immediately after landing, they buried their uniforms and the other articles mentioned and proceeded in civiliandress to New York City.
Spies do not carry supplies of explosive devices, they gather intelligence
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Originally Posted by rlchurch
Spies have been shot IN THE PAST. Execution by shooting is not currently a punishment available to even the most bloodthirsty RW prosecutor.
In most states, firing squads are no longer permited for CITIZENS, these people will not face trials in a STATE..
If your claiming that its no longer an international form of execution, then you'll have no problem at all finding the treaties or laws forbidding firing squads. I'll be waiting for a link showing them no longer allowed..
Last edited by pghquest; 05-04-2009 at 06:17 PM..
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