“Unprivileged enemy belligerents”
by digby
Honestly, I thought this was a joke:
When it comes to Department of Defense doctrine on military treatment of detained persons, “unlawful enemy combatants” are a thing of the past. That term has been retired and replaced by “unprivileged enemy belligerents” in a new revision of Joint Publication 3-13 on Detainee Operations, dated November 13, 2014.
Unprivileged enemy belligerents are belligerents who do not qualify for the
distinct privileges of combatant status (e.g., combatant immunity). Examples of
unprivileged belligerents are:(a) Individuals who have forfeited the protections of civilian status by joining
or substantially supporting an enemy non-state armed group in the conduct of hostilities, and(b) Combatants who have forfeited the privileges of combatant status by
engaging in spying, sabotage, or other similar acts behind enemy lines.
Well, that certainly clears that up.
What it doesn’t clear up is how it’s ok to simply designate certain people unworthy of certain human and legal rights and that’s that.
You should read the whole report. It’s a fascinating Orwellian document that confidently asserts the US Government is adhering to all laws and norms even when it isn’t. And it’s full of quotes like this which would be funny if it weren’t so creepy:
“A purely military emergency could give no excuse for disregarding International
Law. Because victory is endangered, victory must not be pursued by breaking the
law on the grounds of necessity, because the laws of warfare are supposed to rule
over this conflict which is always connected with need and want.”
Trial of German War Criminals, Nuremberg, 1946
And if the laws are inconvenient you can always just create some new designations like “unprivileged enemy belligerents” to make things as confusing as possible.
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