John Yoo Quotes
While Taliban fighters had an initial claim to protection under the conventions, they lost POW status by failing to obey the standards of conduct for legal combatants: wearing uniforms, a responsible command structure, and obeying the laws of war.
Yoo, John. "Terrorists Have No Geneva Rights." The Wall Street Journal, Dow Jones & Company, 26 May 2004.
In the Afghanistan and Iraq Wars the U. S. government was much criticized for not treating captured Taliban and others as prisoners war. This Article is their main justification. The Taliban and Al Quida did not meet most of the criteria and therefore the convention did not apply to them.
This is true. There never has been any International law that made a belligerent responsible for civilian damages and deaths that were the result of collateral damage. However, the United States over the years, more so than any other country. Provided huge amount of aid to the citizens of the enemy nations although there was no legal obligation to do so.
The Justice Department and the White House were arguing that the Geneva Conventions did not apply to terrorist groups. See {589865}.
There has always been some confusion in the case of the Wars in Afghanistan and Iraq. The Geneva and Hague conventions are very clear when prisoners are official members of an state’s armed force with uniforms, insignia and ranks. It is also clear with respect to civilians. But the combatants of the insurgent and terrorist forces fall in between, and international law is less clear. The George W. Bush administration at first took the position that the captured combatants were not captured soldiers and were therefore not entitled to the treatment due that status. But the military regulations made no distinction as to how prisoners in combat should be treated. It is a very gray area, except that in either case, torture is illegal under U. S. and under International law.
Hamas had fired thousands of rockets and other missiles at Israeli population centers—war crimes under the Geneva Conventions. Israel finally retaliated against Hamas facilities in Gaza. However, in an unprecedented effort to avoid civilian casualties, the Israeli Defense Forces warned the people by indicating which targets they were going to strike. They also dropped leaflets in Arabic telling the civilians that they are not the targets but to try and avoid harm to them and their families, they should evacuate the neighborhoods that would be under attack. Hamas had placed their missile launchers and other weapons in and near schools, hospitals, mosques and civilian housing risking their civilian population—see {640841}.
John Choon Yoo is a Korean-born American legal scholar and former government official best known for authoring the Torture Memos, which provided a legal rationale for the torture of detainees during the War on Terror. Yoo is the Emanuel S. Heller Professor of Law at the University of California, Berkeley, School of Law.
