The Mudcat Café TM
Thread #85585   Message #1586367
Posted By: artbrooks
19-Oct-05 - 02:20 PM
Thread Name: BS: US forces in Afghanistan desecrate bodies
Subject: RE: BS: US forces in Afghanistan desecrate bodies
Here is the transcript of the program Foolestroupe saw. I'm not sure what the issue is of facing the bodies west, since Mecca is in that direction, more or less, from Afganistan.

By the way, "desecration of bodies" is not covered at all by the Geneva Conventions. The Conventions aren't bilateral, and one side in a conflict, if a signatory, is required to follow their provisions, as long as the other side does. The actual text says: Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.

Afganistan isn't the "other side," in this case, and the Bush Government has invented the concept of "enemy combatent" to justify not applying their provisions at all to the Taliban/Al-Qaida forces. It is very questionable that they do meet any of the definitions of combatants that are covered under the POW Convention...the closest fit is probably Article I.4(6): Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war. The last clause puts them out, IMHO. However, Article I.5 says they are covered until a tribunal decides otherwise [Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.] rather than the reverse as is the process in place, at least as far as the Guantanemo Bay prisoners are concerned.