Muammar Gaddafi Death Breach Geneva Conventions Laws

“We have to lean on facts and international laws,” Mr Lavrov said. “They say that a captured participant of an armed conflict should be treated in a certain way. And in any case, a prisoner of war should not be killed.” Russia has been critical of Nato military action in Libya, saying that it has gone well beyond the stated mission of saving civilian life. The main concern for Moscow now is whether the new Libyan authorities will honour contracts signed by the Gaddafi regime. As well as the oil and arms trade, Russian Railways had secured a £2bn contract to construct a railway line between Sirte and Benghazi. Moscow recognised the National Transitional Council as the official government of Libya last month and said it expected all existing contracts to be honoured.

The basic principles of Geneva conventions are reposing on the respect of the human being and are respecting its dignity. Individuals, who do not take direct part in hostilities as well as individuals, can not take part in these actions due illness, wound, captivity or other reasons, are entitled to be respected and protected against conflicting sides’ military operations’ consequences without any unfavorable distinction whatever.

The Geneva Conventions apply in wars between two or more sovereign states. Article 5 of the Third Geneva Convention states that the status of a detainee may be determined by a “competent tribunal.” Until such time, he is to be treated as a prisoner of war After a “competent tribunal” has determined that an individual detainee is an unlawful combatant, the “detaining power” may choose to accord the detained unlawful combatant the rights and privileges of a prisoner of war as described in the Third Geneva Convention, but is not required to do so. An unlawful combatant who is not a national of a neutral State, and who is not a national of a co-belligerent State, retains rights and privileges under the Fourth Geneva Convention so that he must be “treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial.”

Additional protocols are extending action field, concerning it to any individual, involved in a military conflict. Moreover, these protocols oblige warring sides and combatants not to attack civilians and civil objects as well oblige to guarantee the providing of military operations in compliance with the generally accepted humanitarian law. Geneva conventions, accepted on August the 12th, 1949 Obama Unconstitutional Attack On Libya

The protection provided by the Conventions applies to the following categories of persons:

The First Convention – wounded and sick members of the armed forces in the field;
The Second Convention – wounded, sick, and shipwrecked members of the armed forces at sea as well as shipwreck victims;
The Third Convention – prisoners of the war;
The Fourth Convention – civilians in times of war.

China, which like Russia abstained in the Security Council vote on whether to use force against Colonel Gaddafi’s troops, was quicker yesterday to change its tune. Beijing initially refused to support the rebels and had been highly critical of the bombing campaign. But as realities on the ground altered, in recent weeks the Chinese government had started to engage with the rebel movement.

“A new page has been turned in the history of Libya,” a foreign ministry spokeswoman, Jiang Yu, said yesterday. “We hope Libya will rapidly embark on an inclusive political process … and allow the people to live in peace and happiness,” she said. The Geneva Convention relative to the Treatment of Prisoners of War, 12 August 1949 (GCIII) of 1949 defines the requirements for a captive to be eligible for treatment as a POW. A lawful combatant is a person who commits belligerent acts, and, when captured, is treated as a POW. An unlawful combatant is someone who commits belligerent acts but does not qualify for POW status under GCIII Articles 4 and 5.

Article 4
A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:

1. Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces.
2. Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfill the following conditions:
(a) That of being commanded by a person responsible for his subordinates;
(b) That of having a fixed distinctive sign recognizable at a distance;
(c) That of carrying arms openly;
(d) That of conducting their operations in accordance with the laws and customs of war.
3. Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.
4. Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model.
5. Members of crews [of civil ships and aircraft], who do not benefit by more favourable treatment under any other provisions of international law.
6. Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.

B. The following shall likewise be treated as prisoners of war under the present Convention:

1. Persons belonging, or having belonged, to the armed forces of the occupied country…

Article 5

Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.

A sign of the official policy change could be discerned in the language that Chinese state media used to refer to Colonel Gaddafi. Newspapers and agencies run by the state, which had previously referred to a “Middle East strongman”, had yesterday made a small but significant change to their phrasing, calling him a “madman” instead.  Obama claimed that our goal in Libya is humanitarian

Reaction from other enemies of the US was varied. Venezuelan President Hugo Chavez described the dead dictator as a “martyr”, while Iran’s foreign ministry tried to banish any parallels between the Libyan revolution and anti-government protests at home. “Despots and oppressors throughout history have no fate other than destruction and death,” a spokesman said. He called Colonel Gaddafi’s killing a “great victory” but added that all foreign forces must now pull out of the country.

And the eccentric Russian politician Kirsan Ilyumzhinov, who is also the head of the World Chess Federation, said that Colonel Gaddafi’s death was a “tragedy” but that he died as a martyr and would be reincarnated.

Mr Ilyumzhinov made a surreal mission to Tripoli in June, where he met with Colonel Gaddafi as an unofficial mediator and played a game of chess with him. Yesterday, he said in a Russian newspaper interview that he had spoken to the Libyan leader numerous times on the phone since. He claimed that Colonel Gaddafi had not been scared of death: “Not a bit! He believed in reincarnation.”

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