You don't need to be a lawyer to be horrified by this one. It is simple.
- Every instance of person thoughout this document is qualified in some manner, except ONE.
For example, we see
". . .person who has engaged in hostilities. . ."
". . .person who is part of the Taliban. . ."
". . .persons who are authorized to detail such counsel for such commissions. . ."
". . .person subject to chapter 47 of. . ."
". . .person accused of torture. . ."
". . .person subject to this chapter. . ."
". . .such persons. . ."
The exception is the provision that STRIPS us of our right to enforce our rights.
- Final version
(Enrolled Bill) as passed by both Houses
SEC. 5. TREATY OBLIGATIONS NOT ESTABLISHING GROUNDS FOR CERTAIN CLAIMS.
(a) In General- No person may invoke the Geneva Conventions or any protocols thereto in any habeas corpus or other civil action or proceeding to which the United States, or a current or former officer, employee, member of the Armed Forces, or other agent of the United States is a party as a source of rights in any court of the United States or its States or territories.
To view the bill search at http://thomas.loc.gov (enter "S.3930.ENR" and select the Bill Number radio button. The printer friendly version is easiest to search)
- Original
White House version
SEC. 6. SATISFACTION OF TREATY OBLIGATIONS.
(b) RIGHTS NOT JUDICIALLY ENFORCEABLE.— (1) IN GENERAL.—No person in any habeas action or any other action may invoke the Geneva Conventions or any protocols thereto as a source of rights, whether directly or indirectly, for any purpose in any court of the United States or its States or territories. . .
http://www.law.georgetown.edu/faculty/nkk/documents/Mil...
- The phrase: "RIGHTS NOT JUDICIALLY ENFORCEABLE."
The phrase itself demonstrates a recognition that rights actually existed, and the intent to violate those rights through non-enforcement.
Yes. It is just that simple.
Case Closed on the newly inaugurated War Criminal Nation.
If they are Rights they Cannot be Unenforceable.