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David Hicks and the death of a legal system : Comments
By Binoy Kampmark, published 20/2/2015Australians tend to demonise or sanctify their legal villains, casting a social net around them that either protects, or asphyxiates them.
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Legal enemy combatants (i.e. soldiers under the command of a nation) are not charged with anything when captured (unless they have committed war crimes) in war time. We don't whip together a tribunal and try them for shooting at us - we expect them to shoot at us. And once captured, we are obliged to do certain things with them as prisoners of war, including keeping them as prisoners until hostilities have finished.
Hicks wasn't entitled to the status of PoW. As a combatant, we were entitled to kill or capture him until the point he surrenders. What do we do then? Who does he belong to? In WWII, such combatants were simply shot. Trials? Never heard the word. Civilians engaging in battle were shot.
What is certain is that Hicks was legally detained (as a combatant he was removed from the battle), and should still be under the rules of war until the war has ceased. No charge is necessary. And as the war will never cease, he should never have been released.
The whole thing needs to be sorted out in a further development of the rules of war/ Geneva protocols etc to deal with irregular combatants.
And the bleeding hearts can just cry, cry cry.