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Convention of human rights essay
Convention of human rights essay
Essays on the geneva convention
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Introduction. I disagree with the statement “Holding enemy combatants in custody without an attorney and without judicial review is justified by our war on terror.” In my opinion, the U.S. government violates basic Human Rights, as well as, a number of international and U.S. laws when detaining so-called enemy combatants and holding them in custody for an indefinite period of time without access to the court system. By doing that, the government violates several prime laws, such as the Third Geneva Convention, Constitution of the United States, as well as, the Convention for the Protection of Human Rights and Fundamental Freedoms. Deprivation of Prisoner of War status (POW) violates the Third Geneva Convention. First, we need to define such categories as lawful and unlawful combatants, and to determine who and under what circumstances can be granted a prisoner of war status. The Third Geneva Convention states that “lawful enemy combatant” is a member of the regular forces of a State party engaged in hostilities against the United States, or a member of a militia, volunteer corps, or organized resistance movement belonging to a State …show more content…
According to the Lieber Code of 1867: “A prisoner of war is a public enemy armed or attached to the hostile army for active aid, who has fallen into the hands of the captor, either fighting or wounded, on the field or in hospital, by individual surrender or by capitulation.” “All soldiers, of whatever species of arms; all men who belong to the rising en masse of the hostile country; all those who are attached to the Army for its efficiency and promote directly the object of the war, except such as are hereinafter provided for; all disabled men or officers on the field or elsewhere, if captured; all enemies who have thrown away their arms and ask for quarter, are prisoners of war, and such exposed to the inconveniences as well as entitled to the privileges of a prisoner of
"The importance of the main question presented by this record cannot be overstated; for it involves the very framework of the government and the fundamental principles of American liberty."
Ms. Vanklausen relies on primary and secondary sources with strong credentials in the realm of the constitution, law, public policy, and Americans’ right to freedom (Cato Inst., n.d.; Wikipedia, 2010) to support her argument. The authors have been published in a variety of respected periodicals as well as writing books on these topics. Her sources cite the expert opinions of Supreme Court Justices Sandra Day O’Connor and Antonin Scalia (“Can U.S. Citizens Be Held as Enemy Combatants”, Reinking & von der Osten, 2007, pp. 228, 231-233), who are entrusted with the ultimate responsibility to interpret our nation’s constitution and apply this standard to arguments brought before the Court when the rule of law is in question. Ms. Vanklausen also employs excerpts from the Bill of Rights to clarify the protections these individuals are not permitted in this situation. She provides a quotation by Thomas Jefferson, and notes decisions by the U.S. Supreme Court, the Second Circuit Court, and Federal Court Judge Mukasey. She also refers to established truths upon which Americans depend as signs of their freedom, such as “The foundation of liberty has always rested on the resistance to the idea of arbitrary imprisonment by an executive. (Reinking & von der Osten, 2007)
Our country has fought hard in the past and in the now for the freedoms we have today. If it weren't for certain people, we would not be a free country. Who are these people? Our veterans.
The just war theory is described by Thomas Massaro in his book Living Justice as the “principle that warfare might be justified under certain conditions” (108). The complexities involved with international relations makes determining a just war very difficult. Even though historically pacifism hasn’t gained much traction within Catholic circles, it currently is gaining popularity with many mainstream Catholics. With so many differing views on military action, one might ask, “What determines a just war? How can we balance the need for peace with self-defense?” An examination of criteria for a just war and critiques written on this topic might shed light on these two questions.
On September 11, 2001, this country was under attack and thousands of Americans died at the hands of terrorists. This action caused the U.S. Military to invade Iraq because of the idea that this country was involved in harboring terrorist and were believed to have weapons of mass destruction. This was an executive order that came down from our government, for us to go in and attack Iraq while searching for those who were responsible for the death of American lives. This war brought in many prisoners whom were part of the terrorist group Al-Qaeda, whom the military took into custody many of its lower level members to get tips in capturing higher level members. During the detainees stay at Guantanamo Bay and Abu Ghraib, many of these prisoners
Indeed, as prior U.S. Secretary of Defense Donald Rumsfeld wrote when describing the war on terror, “this will be a war like none other our nation has faced.” However, these changes bring the morality of this new face of war into question, and the justification of drone use and other modern military tactics involved in the war on terror is a subject of much debate. Focusing on U.S. involvement in Yemen from 2010-2015 as part of the war on terror, this essay will argue that, while the U.S. has met most of the criteria of jus ad bellum, the methods the U.S. has employed to counter terrorist organizations such as al Qaeda have ultimately violated the principles of just war theory, even when analyzed from the perspective of modern warfare within the framework of the current global
Evidence can prove that Miranda Rights should be an important right for the citizens of the United States Of America but should not be a digression or inconsequential and that shows Equality,liberty and justice. If we didn't have miranda rights we would end in a deleterious situation which would end in disaster for example, the police requirement to remember few amendment portrayed to Miranda Rights to recommend citizens that are inculpable to go to jail by police who can fabricate the situation.Evils don't have rights for other citizens like Paris which some of the victims have to be interrogated for a few days. “The Miranda warning prevents police from taking advantage of suspects who have been arrested or are in police custody. The Miranda Court determined that these protections were necessary to
The Eighth Amendment to the Constitution of the United States asserts,” Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted,” (source Cornell). This amendment is being violated in the military today. These victims are being punished for being victims. Many victims are forced to leave the military after their attacks and do not receive proper medical attention. Victims are being cruelly treated for crimes committed against them.
A Writ of Habeas Corpus is an authoritative order forcing governments to provide the “body” of the detainee in which the legality of their detention and individual liberties will be challenged. Historically associated with civil liberty violation and the injustice of illegally detaining potentially enemies of the state, jurisdictional issues regarding their detaining location have made justice difficult to administer and deliver. Detaining enemies for their participation, involvement, and/or ties to threats of terror towards the United States will result the confinement of combatants, as solidified by the US Constitution, however, to what extent will they be forced to stay?. Residents of Guantanamo Bay are just; enemies of the state, accused individual that have been arrested and detain with minimal civil human rights to our jurisdictional due process that we American’s hold dear; with only a Writ of Habeas Corpus as their life line to legality and freedom. Although controversial in its conception and implementation by US presidential administration, judiciary members have cordially interpreted cases of questionable detention and the legality of doing so. It is truly unfortunate when individuals are tossed into confinement illegally with no help and/or the promise of their restorative freedoms (ACLU, 2014).
Is the intentional pain that an individual experiences justified if there is the potential to save the lives of many? Torture is the most used weapon in the “war against terrorism” but does it work? The purpose of this essay is to identify what the motives for torturing are, the effectiveness of torture, and important issues with the whole process of torture.
The stand your ground law is a law that allows people to defend themselves in a suspicious situation somewhere they are legally allowed before having to retreat the area. This law was derived from the Castle Doctrine, which states the person legally residing in that dwelling has a right to protect themselves if someone on or in their residence threatens their livelihood. Florida was the first state of the United States to implement the sand your ground law into their state laws in 2005. Former Florida governor, Jeb Bush, passed the Florida statute to help the citizens protect themselves in the midst of a dangerous situation. This law became a controversial topic when the Trayvon Martin case was the central subject matter of every media outlet
Imagine walking towards your car in a garage and you realized someone suspicious has been following you. You immediately unlock and open the car door then the person rushes up on you. You begin to panic and feelings of fear prepare you to defend your life. This is a prime scenario that justifies force to protect yourself and property from threat. Florida Statue 776 also known as stand your ground justifies what, when, and how to appropriately defend yourself and property when facing danger. The stand your ground law also protects those that abide in accordance with the law from criminal prosecution and civil action. Knowing this law can benefit many to shield their selves from threats, accusations, and to properly justify the use of force.
What is a military tribunal? Has the U.S. used military tribunals in the past? Is the U.S. currently using military tribunals and, if so, what is their status?
BOOM! BANG! Everyday people in the half-torn countries of Israel and Palestine hear these terrible, dangerous sounds often. The fighting in Israel and Palestine has been going on for more than a century. This fighting never seemed to slow down, it is only getting worst. In my opinion, these countries shouldn’t fight because it doesn't solve problems, people are killing each other, and fighting will only create more issues. These countries say they are fighting over land, religious beliefs, and past issues. But should they?
A war crime is an unjust act of violence in which a military personnel violates the laws and acceptable behaviors of a war. Despite all the violence in a war, a soldier shooting another is not considered a war crime because it is not a violation to the laws and practices of a war, and it is considered just. A war crime is defined as a “violations [violation] of the laws and customs of war” (“War Crimes”), and are attacks “against civilian populations, prisoners of war, or in some cases enemy soldiers in the field” (Friedman). War crimes are typically committed with weapons or by uncommon, cruel, devastating military methods and are “…Committed primarily by military personnel” (Friedman). There are many different types of war crimes one can commit, including “murder, ill treatment…murder or ill treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns, or villages or devastation not justified by military necessity” (Friedman). Originally constructed as international law by the London Charter on August 8th, 1945 and further developed by the Hague Conventions of 1899, 1907 and the Nuremberg trials, war crimes are aggressive, unacceptable and unjust actions performed by military workforce that occur during a war.