It's About Time

The President makes the war the big issue again:

So I'm -- today I'm asking Congress to pass legislation that will clarify the rules for our personnel fighting the war on terror. First, I am asking Congress to list the specific recognizable offenses that would be considered crimes under the War Crimes Act so our personnel can know clearly what is prohibited in the handling of terrorist enemies.

Second, I'm asking that Congress make explicit that by following the standards of the Detainee Treatment Act, our personnel are fulfilling America's obligations under Common Article 3 of the Geneva Conventions.

Third, I'm asking that Congress make it clear that captured terrorists cannot use the Geneva Conventions as a basis to sue our personnel in courts, in U.S. courts. The men and women who protect us should not have to fear lawsuits filed by terrorists because they're doing their jobs.

The need for this legislation is urgent. We need to ensure that those questioning terrorists can continue to do everything within the limits of the law to get information that can save American lives.

It's essential - sort of - to the war on terror.

So why not do this years ago? Not sure - chalk it up as one of the Administration's many mistakes - but it certainly makes great campaign-fodder.

Assuming the Republicans in the Senate can run with it - and given the performance of the likes of Senators Graham, McCain and so on this past year, I have little confidence of that.

Still, this is what we've needed to do for years. Terrorists - take note, liberals - are not criminals, or (according to the Geneva Convention) prisoners of war:

In international conflicts, guerrillas must distinguish themselves from the civilian population if they are preparing or engaged in an attack. At a minimum, guerrillas must carry their arms openly. (Protocol I, Art. 44, Sec. 3)

Under the earlier Geneva Conventions, which are more widely recognized, a guerrilla army must have a well-defined chain of command, be clearly distinguishable from the civilian population, carry arms openly and observe the laws of war. (Convention III, Art. 4, Sec. 2)

In the case of an internal conflict, combatants must show humane treatment to civilians and enemies who have been wounded or who have surrendered. Murder, hostage-taking and extrajudicial executions are all forbidden. (Convention I, Art. 3)

So - take note, Ashcroft Libertarians - the terrorists are neither prisoners of war (they don't fit any legal definition of "soldier"), nor legal guerrillas (they are completely covert) nor criminals (they are combatants against which the US has been fighting a war, not an investigation). They can, under cover of the law, be lined up and summarily shot upon capture - but we're not going to do that.

Let's get the votes on the record.

What say y'all, Democrats? Care to show you're not the party of craven appeasement?

Posted by Mitch at September 8, 2006 06:06 AM | TrackBack