Poll: Should Geneva conventions be scrapped or revised?
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Are Geneva Conventions outdated?
#1
In this article, entitled Rules of War Enable Terror, Alan Dershowitz (a professor of law at Harvard University, an author of numerous books, and the savior of von Bulov and O.J.Simpson) argues that the Geneva conventions, originally intended to protect the population from war, became a tool of protecting terrorism.

Quote:THE GENEVA Conventions are so outdated and are written so broadly that they have become a sword used by terrorists to kill civilians, rather than a shield to protect civilians from terrorists. These international laws have become part of the problem, rather than part of the solution.
...
The war by terrorists against democracies has changed all this. Terrorists who do not care about the laws of warfare target innocent noncombatants. Indeed, their goal is to maximize the number of deaths and injuries among the most vulnerable civilians, such as children, women and the elderly. They employ suicide bombers who cannot be deterred by the threat of death or imprisonment because they are brainwashed to believe that their reward awaits them in another world. They have no "return address."
....

Dershowitz suggests the following changes:

Quote:The time has come to revisit the laws of war and to make them relevant to new realities. If their ultimate purpose was to serve as a shield to protect innocent civilians, they are failing miserably, since they are being used as a sword by terrorists who target such innocent civilians. Several changes should be considered:


First, democracies must be legally empowered to attack terrorists who hide among civilians, so long as proportional force is employed. Civilians who are killed while being used as human shields by terrorists must be deemed the victims of the terrorists who have chosen to hide among them, rather than those of the democracies who may have fired the fatal shot.

Second, a new category of prisoner should be recognized for captured terrorists and those who support them. They are not "prisoners of war," neither are they "ordinary criminals." They are suspected terrorists who operate outside the laws of war, and a new status should be designated for them - a status that affords them certain humanitarian rights, but does not treat them as traditional combatants.

Third, the law must come to realize that the traditional sharp line between combatants and civilians has been replaced by a continuum of civilian-ness. At the innocent end are those who do not support terrorism in any way. In the middle are those who applaud the terrorism, encourage it, but do not actively facilitate it. At the guilty end are those who help finance it, who make martyrs of the suicide bombers, who help the terrorists hide among them, and who fail to report imminent attacks of which they are aware. The law should recognize this continuum in dealing with those who are complicit, to some degree, in terrorism.

Fourth, the treaties against all forms of torture must begin to recognize differences in degree among varying forms of rough interrogation, ranging from trickery and humiliation, on the one hand, to lethal torture on the other. They must also recognize that any country faced with a ticking-time-bomb terrorist would resort to some forms of interrogation that are today prohibited by the treaty.

Is it time to scrap them, or substantially revise them to take the new reality into account?
Government is necessary because people left unchecked will do evil.

The government is composed of people left unchecked


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Messages In This Thread
Are Geneva Conventions outdated? - by mv - 05-31-2004, 06:48 PM
[No subject] - by John L - 05-31-2004, 06:57 PM
[No subject] - by mv - 05-31-2004, 06:59 PM
[No subject] - by WmLambert - 06-01-2004, 11:47 AM
[No subject] - by pickled shuttlecock - 06-01-2004, 06:22 PM
[No subject] - by Aretstikapha - 06-01-2004, 06:36 PM
[No subject] - by WmLambert - 06-01-2004, 06:54 PM
[No subject] - by Baldar - 06-01-2004, 08:37 PM
[No subject] - by WmLambert - 06-01-2004, 09:25 PM
[No subject] - by mv - 06-03-2004, 02:08 PM
[No subject] - by ag - 06-03-2004, 02:44 PM
[No subject] - by Murdok - 06-03-2004, 10:38 PM
[No subject] - by WmLambert - 06-03-2004, 10:50 PM
[No subject] - by Murdok - 06-03-2004, 11:17 PM
[No subject] - by ag - 06-03-2004, 11:23 PM
[No subject] - by mv - 06-03-2004, 11:31 PM
[No subject] - by Baldar - 06-03-2004, 11:34 PM
[No subject] - by mv - 06-03-2004, 11:38 PM
[No subject] - by Baldar - 06-03-2004, 11:52 PM
[No subject] - by mv - 06-04-2004, 12:09 AM
[No subject] - by mv - 06-04-2004, 01:23 AM
[No subject] - by Baldar - 06-04-2004, 01:28 AM
[No subject] - by mv - 06-04-2004, 01:39 AM
[No subject] - by Baldar - 06-04-2004, 09:23 AM
[No subject] - by Baldar - 06-04-2004, 09:25 AM
[No subject] - by bob - 06-04-2004, 10:41 AM
[No subject] - by Murdok - 06-04-2004, 12:07 PM
[No subject] - by mv - 06-04-2004, 04:44 PM
[No subject] - by bob - 06-04-2004, 04:54 PM
[No subject] - by Murdok - 06-04-2004, 05:17 PM
[No subject] - by bob - 06-04-2004, 07:05 PM
[No subject] - by Murdok - 06-05-2004, 09:43 PM
[No subject] - by bob - 06-06-2004, 06:59 AM
[No subject] - by Baldar - 06-06-2004, 04:58 PM
[No subject] - by Murdok - 06-06-2004, 06:14 PM
[No subject] - by Baldar - 06-06-2004, 06:30 PM
[No subject] - by ag - 06-06-2004, 06:48 PM
[No subject] - by Baldar - 06-06-2004, 07:23 PM
[No subject] - by Murdok - 06-06-2004, 07:41 PM
[No subject] - by Baldar - 06-06-2004, 07:50 PM
[No subject] - by Murdok - 06-06-2004, 08:23 PM
[No subject] - by Baldar - 06-06-2004, 08:32 PM
[No subject] - by Murdok - 06-06-2004, 11:09 PM
[No subject] - by Baldar - 06-06-2004, 11:25 PM
[No subject] - by Murdok - 06-07-2004, 02:19 AM
[No subject] - by bob - 06-07-2004, 09:10 AM
[No subject] - by Murdok - 06-07-2004, 12:20 PM
[No subject] - by bob - 06-07-2004, 08:30 PM
[No subject] - by Murdok - 06-08-2004, 03:41 AM
[No subject] - by bob - 06-08-2004, 09:05 AM
[No subject] - by Murdok - 06-08-2004, 01:02 PM
[No subject] - by bob - 06-08-2004, 02:59 PM
[No subject] - by Murdok - 06-08-2004, 05:49 PM
[No subject] - by bob - 06-08-2004, 07:43 PM
[No subject] - by Murdok - 06-09-2004, 01:34 AM
[No subject] - by bob - 06-09-2004, 01:59 PM
[No subject] - by WmLambert - 06-09-2004, 10:41 PM
[No subject] - by bob - 06-10-2004, 08:58 AM
[No subject] - by Murdok - 06-10-2004, 03:23 PM
[No subject] - by ag - 06-10-2004, 03:39 PM

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