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Reply #99: Apparently a Violation of Geneva Conventions? [View All]

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Hissyspit Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-17-09 02:55 PM
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99. Apparently a Violation of Geneva Conventions?
Edited on Fri Apr-17-09 03:19 PM by Hissyspit
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x5478524

Article VI of the U.S. Constitution, the one about the President upholding treaties, of which the Geneva Conventions the U.S. is a signatory:

http://www.democraticunderground.com/discuss/duboard.ph...

"...all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Geneva Conventions, Article 2:

1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.

2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political in stability or any other public emergency, may be invoked as a justification of torture.

3. An order from a superior officer or a public authority may not be invoked as a justification of torture.

http://www.unhchr.ch/html/menu3/b/h_cat39.htm

"Each High Contracting Party shall be under the obligation to search for persons alleged to have committed , or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts."


As WeDidIt has pointed out, the Military Commissions Act of 2006 was intended to circumvent the Geneva Conventions and give the Bush Administration cover.
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