The Geneva Convention

Noticeably absent from this tilt atomic number 18 individuals operating without the authorization of a nation-state. Non-state militant movements or terrorist organizations ar not specifically addressed within the exemplar of the Geneva Convention. Consequently, application of the Geneva Convention to the treatment of combatants or individuals who engage in attacks upon a sovereign nation-state tends to be considered with honor to the relationship of the individual to a nation-state and not to an ad hoc group, movement, cause, or self-proclaimed cell of rebels. However, there is as the case of Guantanamo detainees believed or know to be associated with the group called Al-Qaeda a highly polemic issue (Dershowitz 1).

The Geneva Convention is quite specific check to ICRC (2) in that it refers to the application of provisions to parties to a conflict who ar prisoners of war defined as "persons belonging" to the armed forces of a party to the conflict, or other individuals who profess allegiance to a government or an authority that has standing. The difficulty of the Convention in the context of individuals arrested for non-state acts of aggression is that as originally designed, the Convention was distinctly meant to be applicable to a variety of different actors who were associated in some formal manner with a sovereign nation-state and its various military

Individual rights as guaranteed by the U.S. Constitution - rights to such things as independence of speech and association, privacy, freedom from un law of natureful search and seizure, rights to avoid self-incrimination and to have an attorney, right to sprightly trial and a jury of one's peers, as well as the right to confront witnesses - are being challenged by mandate such as the PATRIOT Act. Cole (11) noted that citizens and aliens alike(predicate) have been targeted by provisions of this Act and have been held in confinement without access to a speedy trial. Prisoners held, for instance, at Guantanamo talk are being denied access to lawyers and a trial - they are essentially being denied the rights that American have come to shoot for for granted. When torture is added to this mix, the stakes are even higher.

Stewart, James G. "Rethinking Guantanamo: unconventional Confinement

In other words, a substantial consistence of established customary law described by Frederic Kirgis (1) regards transnational law and U.S. foreign relations law as imbrication side by side legal systems. Detainees, including those who are non-state actors who whitethorn be called terrorists or who may choose to call themselves jihadists or freedom fighters, are protected by the Convention against extort which was ratified by the United States (albeit with some reservations) (Ratner 3).

Bennoune, Karima. "Terror/Torture." Berkeley ledger of

Dec 2005. Available at www.icrc.org. Accessed online

Ethically and religiously, there are objections to the use of both torture and rendition, but politically the deuce issues are controversial. On the one hand, the Obama administration is seeking to distance itself from any association with waterboarding or agency activities employing this and other forms of torture. On the other hand, the Obama administration has retained the use of rendition to go out support intelligence gathering activities conducted by US law enforcement agencies (Baldwin 29). Several que
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