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Canadian Troops Told Geneva Convention Does Not Apply To Taliban And al-Qaida
UPI International Correspondent Washington (UPI) Jun 06, 2006 Canadian troops in Afghanistan have been told the Geneva Conventions and Canadian regulations regarding the rights of prisoners of war don't apply to Taliban and al-Qaida fighters captured in action. The government decision deprives detainees of rights and protections under internationally accepted rules of war, including being released after hostilities cease and not to be held criminally liable for lawful combat. University of Ottawa law professor Amir Attaran said, "The whole purpose of those regulations is to know if Geneva applies." For months Attaran has been pressing the Defense Department for details of its detainee policy. The Canadian military developed its current regulations in 1991 during the Persian Gulf War. The regulations included provisions to hold tribunals to determine a detainee's status under Geneva if there is any doubt. The Globe and Mail reported on June 1 that Canadian Expeditionary Forces Command Lt. Gen. Michel Gauthier said, "They are not entitled to prisoner-of-war status, but they are entitled to prisoner-of-war treatment. The regulations apply in an armed conflict between states, and what's happening in Afghanistan is not an armed conflict between states. And therefore there is no basis for making a determination of individuals being prisoners of war. Our intention certainly isn't to leave junior folks hanging out to dry at all on this. We are on firm legal ground; we have no worries about the possibility of prosecution or allegations of criminal wrongdoing for having transferred detainees." According to Canada's Prisoner-of-War Status Determination Regulations, "the commanding officer of a unitor other element of the Canadian Forces shall ensure that each detainee is screened as soon as practicable after being taken into custody to determine whether or not the detainee is entitled to prisoner-of-war status."
Source: United Press International Community Email This Article Comment On This Article Related Links - The Long War - Doctrine and Application
Senate Bill Means Wider Briefing On Spying
Washington (UPI) Jun 01, 2006The Senate Select Committee on Intelligence is moving to end a long-standing arrangement under which just a few members of congress are briefed on the most sensitive of U.S. intelligence activities. |
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