Are Unlawful Combatants Entitled to Geneva Convention Rights?

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In summary: The article doesn't mention the following:-A report that Bin Laden told his wives in 2001 that he was unlikely to die in a conventional attack and wanted to focus on more spectacular attacks-The claim by a high ranking al-Qaeda member that Bin Laden ordered the attacks-The claim by Bin Laden's son that he was not involved in the planning or execution of the attacks
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Nebula815 said:
Non-state, illegal, enemy combatants are not entitled to Geneva Convention rights, international law, or the U.S. Constitution. You capture them and then try them via military tribunals.
Um, that is not true. By the laws of war that the US has ratified, everyone is entitled to certain protections under the Geneva and Hague Conventions, and can be generally divided into three categories.

Noncombatants: Cannot be deliberately targeted for violence and must be tried by local laws and local tribunals if possible if accused of committing a crime. If imprisoned by an occupying force, they are guaranteed to be treated humanely and given a fair trial by the beligerent military (if local trial is impossible).

Legal Combatants: Are entitled to be treated humanely and not required to give more than basic information and otherwise cannot be interrogated. They can only be tried and punished for war crimes that violate international law, and only after the end of hostilities, otherwise they must be freed. This group is classified as prisoners of war.

Unlawful Combatants: Are entitled to be treated humanely and to receive a fair trial under the laws of the occupying military force. If found guilty, they can be punished or executed. This group is not protected as POW's, but still receive these basic protections.

The major distinction between legal and unlawful combatants is that legal combatants bear their arms openly. They do not have to be an organized professional army. They can, in fact, be a ragtag milita. They key distinction is that, when the enemy approaches, they do not hide their guns and pretend to be civilians. Conversely, civilians who pick up arms and fight an approaching enemy are legal combatants and afforded full Geneva convention rights as prisoners of war.

Now, unlawful combatants (those that do not bear arms openly, but hide their status as combatants to avoid capture) can be executed as saboteurs, but they still have rights. They have the right to be treated with humanity, they have the right to challenge their classification as unlawful combatants before a competent tribunal, and they have the right to a fair and impartial trial just like soldiers of the belligerent force they were captured by would receive.
 
<h2>1. What are Geneva Convention Rights?</h2><p>The Geneva Conventions are a set of international treaties that establish the standards of international law for the humanitarian treatment of individuals during armed conflicts. These rights include protections for prisoners of war, civilians, and other individuals affected by war.</p><h2>2. Who is considered an unlawful combatant?</h2><p>An unlawful combatant is a person who engages in armed conflict without meeting the criteria for lawful combatants, such as being a member of a regular armed force or wearing a recognizable uniform. They may also be individuals who do not follow the laws and customs of war, such as targeting civilians or using prohibited weapons.</p><h2>3. Are unlawful combatants entitled to Geneva Convention Rights?</h2><p>The answer to this question is not straightforward. Some argue that unlawful combatants do not have the same rights as lawful combatants under the Geneva Conventions. However, others argue that certain fundamental human rights, such as the right to be treated humanely, should still apply to all individuals, regardless of their status as combatants.</p><h2>4. What protections do unlawful combatants have under the Geneva Conventions?</h2><p>Under the Third Geneva Convention, unlawful combatants are entitled to a fair trial and humane treatment, including protection from torture and other forms of cruel, inhuman, or degrading treatment. However, they may not receive the same protections as lawful combatants, such as prisoner of war status and the right to be repatriated after the conflict ends.</p><h2>5. How are unlawful combatants treated in practice?</h2><p>The treatment of unlawful combatants varies depending on the country and the specific circumstances of the conflict. In some cases, they may be subject to detention without trial or other forms of mistreatment. In other cases, they may be granted the same protections as lawful combatants. Ultimately, it is up to each country to determine how they will treat unlawful combatants during armed conflicts.</p>

Related to Are Unlawful Combatants Entitled to Geneva Convention Rights?

1. What are Geneva Convention Rights?

The Geneva Conventions are a set of international treaties that establish the standards of international law for the humanitarian treatment of individuals during armed conflicts. These rights include protections for prisoners of war, civilians, and other individuals affected by war.

2. Who is considered an unlawful combatant?

An unlawful combatant is a person who engages in armed conflict without meeting the criteria for lawful combatants, such as being a member of a regular armed force or wearing a recognizable uniform. They may also be individuals who do not follow the laws and customs of war, such as targeting civilians or using prohibited weapons.

3. Are unlawful combatants entitled to Geneva Convention Rights?

The answer to this question is not straightforward. Some argue that unlawful combatants do not have the same rights as lawful combatants under the Geneva Conventions. However, others argue that certain fundamental human rights, such as the right to be treated humanely, should still apply to all individuals, regardless of their status as combatants.

4. What protections do unlawful combatants have under the Geneva Conventions?

Under the Third Geneva Convention, unlawful combatants are entitled to a fair trial and humane treatment, including protection from torture and other forms of cruel, inhuman, or degrading treatment. However, they may not receive the same protections as lawful combatants, such as prisoner of war status and the right to be repatriated after the conflict ends.

5. How are unlawful combatants treated in practice?

The treatment of unlawful combatants varies depending on the country and the specific circumstances of the conflict. In some cases, they may be subject to detention without trial or other forms of mistreatment. In other cases, they may be granted the same protections as lawful combatants. Ultimately, it is up to each country to determine how they will treat unlawful combatants during armed conflicts.

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