Comments: More on Hamdan

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I find it funny that none of the parties ever involved actually ratified Protocol I of the GC, you know the part that assigns lawfulness to a combatant as long as they bear arms openly - and scraps the fact that they should wear a uniform so they can be distinguished from the general civilian populace.

Yet, Justice Kennedy thinks that since our beef wasn't with Article 75 of that protocol at the time, we should still abide by it. See the massive text of the ruling here.

Protocol I here, the great late Gipper's opinion of it here.

Sure Hamdan was a driver. For some reason I doubt he was entirely ignorant of who he was driving for, what UBL was responsible for, and what UBL was transporting in the vehicle. Who's to say. Of course, he has a right to be tried to determine these things, and any evidence against him may have huge intel value and I sure as heck don't want the New York Times to have it, so a military tribunal sounds appropriate.

Posted by AnonymousOpinion at June 30, 2006 05:26 PM

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