US gives Saddam enemy POW status

[peterh]

http://news.bbc.co.uk/1/hi/world/middle_east/3384359.stm

The United States has formally declared the ousted Iraqi leader, Saddam Hussein, an "enemy prisoner of war".


A Pentagon spokesman said Saddam was given the status as he was the leader of the "old regime's military forces".
The spokesman, Major Michael Shavers, said Saddam, captured by US troops in December, was entitled to all the rights under the Geneva Convention.
But it did not change the conditions under which he was being held, the spokesman added.
Earlier on Friday, a senior British official said Saddam - who is being held at an undisclosed location and interrogated by the CIA - was still refusing to co-operate with his captors.

[Mistress Quickly]

1. won't the Red Cross be able to see him now? n/t

[Junkdrawer]

14. It's OK, he's cancered up now. If he talks, it won't be for long...

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=102&topic_id=305707&mesg_id=305707

[nadinbrzezinski]

2. We are getting on knee pads here

to the world community

People, realize that now the ICRC can go and talk to the POW IN PRIVATE, and whatever they learn, no intervention from us... and if
we violated the Geneva Convention, they will add to the file in Geneva.

[missile_bender]

3. Even clearer evidence of U.S. war crimes

The Geneva Convention prohibits interrogation of POWs.

[David__77]

7. I think actually it prohibits torture to that end.

All that POW's are required to give is name, etc. Asking questions I think would be allowed so long as it isn't torture.

[missile_bender]

10. By continuing to ask him questions after he refuses to answer they violate

ARTICLE 17

No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind.

[arcane1]

4. but it's ok to broadcast pics of him getting his teeth checked?

:shrug:

[peterh]

5. From a legal standpoint….

Not withstanding the legality of the POW status in the first place…..does this open the door to a “bush” military tribunal where the rest of the world gets locked out?

[cspiguy]

6. BINGO! you get the prize

with him as a POW while the "war" is still on (war on terra - not war in eye-rack - if ya knowwhatuhmean) then * will say, this is our war and prisoner and the UN and international observers can butt out and mind their own business.

[peterh]

9. I sense a kangaroo to be imported into Iraq shortly (nt)

.

[truthseeker1]

11. LOL

war on terra - not war in eye-rack - if ya knowwhatuhmean

That just cracked me up - I can totally picture Bush saying that in exactly that way!

[David__77]

8. On trials, etc.

"Interrogation is not the key. The Geneva convention allows a searching interrogation of prisoners of war, even while prisoners can legally refrain from giving more than "name, rank and serial number".

"Classification as a prisoner of war and lawful combatant makes some smaller differences in trial procedure. Geneva permits military trials for war crimes committed by PoWs (indeed, article 84 favours military trials over civilian). The convention also explicitly permits closing portions of a trial where intelligence information might be revealed. Hearsay evidence is also admissible. Geneva does permit a broad choice of defence counsel (Johnnie Cochran, O. J. Simpson's lawyer, should be pumping for PoW status) and may require that post-conviction appeals be handled in the same manner as court martial."

Interesting... written by a Yale professor.

http://216.239.57.104/search?q=cache:3437mCfONcUJ:www.law.yale.edu/outside/html/Public_Affairs/190/yls_article.htm+%22geneva+convention%22+interrogation+%22prisoners+of+war%22&hl=en&ie=UTF-8

[DUreader]

12. WTF?

[onehandle]

13. That's it.

He'll never be allowed to talk about past dealings with Reagan and Bush I.

[leanstreets23]

15. Saddam, you selfish bastard. Just a

typical burnout, yesterday's newspapers: wanting to make everything about you you you. It's never been about you. It's been about the oil. It was about the oil two-thousand years ago, when the stuff only gurgled up in pools on the ground. It was about the oil 200 years ago. It was about the oil fifty years ago. You're up for rotation, soldier. Go away. Someplace serene, off the beaten path maybe. Wherever. Just go away.


"Hitler fled to Argentina after war, says writer"
BUENOS AIRES, Jan 2 (UPI) -- An Argentine journalist in a new book claims that Adolf Hitler faked his suicide, escaped Russian capture and fled to South America after World War II. (more)
http://www.washtimes.com/upi-breaking/20040102-104514-1012r.htm

[Solly Mack]

16. Shrub Inc cherry-picks what parts of Geneva benefits their will the most

If it better suits their agenda to call Saddam a POW, they will

If it's better to disregard Geneva, they will

Now, the question is...will the world call them on their hypocrisy?

[54anickel]

17. Iraqis not happy per this article

http://www.haaretzdaily.com/hasen/spages/381518.html

BAGHDAD - Iraqi authorities yesterday expressed surprise and disappointment at reports that Pentagon lawyers have determined Saddam Hussein has been a prisoner of war since American forces captured him last month.

snip>
Some Iraqis expressed concern that prisoner of war status, which grants Saddam certain legal rights and protection under the Geneva Conventions, could prevent Iraqi courts from trying the ousted dictator for alleged crimes against the Iraqi people.

"I am surprised by this decision," said Dara Nor al-Din, a former appeals court judge and member of the Iraqi Governing Council. "We still consider Saddam a criminal and he will be tried on this basis. This new move will be discussed thoroughly in the Governing Council."

But officials of the U.S.-led coalition yesterday repeated President George Bush's assurance that Iraqis would play a leading role and his PoW status could change later.


:wtf: Can they really change his status from POW to not a POW?

[54anickel]

18. And the AP took the time to point out the Articles of GC that apply

Interesting that the AP thought it important to cover these.

http://www.guardian.co.uk/worldlatest/story/0,1280,-3610190,00.html

Geneva Conventions Articles About POWs

Saturday January 10, 2004 8:31 PM


By The Associated Press

The 1949 Geneva Conventions on the conduct of war, endorsed by 191 nations, including the United States, spell out legal and other rights of prisoners of war which the International Red Cross say apply to Saddam Hussein.

Here are excepts from the convention covering treatment of POWs. In general, it requires the detaining power to give POWs the same legal treatment it gives its own soldiers. The United States is the detaining power in this case.