Wednesday, June 22, 2011

Papal Bull in Ottawa

And why attention to detail leads to nonsense: One year, millions of dollars, and thousands of pages avoid the question of whether Article 12 of the Third Geneva Convention of 1949 was honoured by the highest ranks of the Canadian Armed Forces.

Art 12. Prisoners of war are in the hands of the enemy Power, but not of the individuals or military units who have captured them. Irrespective of the individual responsibilities that may exist, the Detaining Power is responsible for the treatment given them.Prisoners of war may only be transferred by the Detaining Power to a Power which is a party to the Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the Convention. When prisoners of war are transferred under such circumstances, responsibility for the application of the Convention rests on the Power accepting them while they are in its custody.Nevertheless, if that Power fails to carry out the provisions of the Convention in any important respect, the Power by whom the prisoners of war were transferred shall, upon being notified by the Protecting Power, take effective measures to correct the situation or shall request the return of the prisoners of war. Such requests must be complied with.

Weston: A consistent move on Afghan detainees
CBC News Posted: Jun 23, 2011 8:59 PM ET