Comment 36787

By highwater (registered) | Posted January 06, 2010 at 14:01:59

Mattchall wrote:

I agree with your 1st point to a degree in that Afghanistan is a sovereign nation, or in theory anyway. We are "guests" in THEIR country. All prisoners detained by NATO or other forces must be handed over to the ANP. That is international protocol. If we don't like it we can leave or start our own Gitmo (no thank you).

We are signatories to the Geneva Convention which states:

Article 12

Prisoners of war are in the hands of the enemy Power, but not of the individuals or military units who have captured them. Irrespective of the individual responsibilities that may exist, the Detaining Power is responsible for the treatment given them.

Prisoners of war may only be transferred by the Detaining Power to a Power which is a party to the Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the Convention. When prisoners of war are transferred under such circumstances, responsibility for the application of the Convention rests on the Power accepting them while they are in its custody.

Nevertheless if that Power fails to carry out the provisions of the Convention in any important respect, the Power by whom the prisoners of war were transferred shall, upon being notified by the Protecting Power, take effective measures to correct the situation or shall request the return of the prisoners of war. Such requests must be complied with.

Article 13

Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the present Convention...

That is international protocol.

[Comment edited by highwater on 2010-01-06 13:04:21]

[Comment edited by highwater on 2010-01-06 13:07:08]

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