Akhenaten Akhenaten:
Curtman Curtman:
How could they oversee the detainees in their new role as official opposition?
Again it doesn't remotely matter. As you've already pointed out, as others have already pointed out the agreement
itself is
inherently liable from the first moment you hand over a detainee. Regardless -
regardless of whether or not the Liberals were the ones remaining in ofice and doing the "overseeing" it is still a liable agreement they were warned not to make.
The Geneva Conventions do not say, "Don't hand over detainees you think may be tortured -- unless you notify the Red Cross first. Then it's okay."
So the overseeing doesn't enter into it. It doesn't nullify the liability. Regardless of who came into office, it's the agreement that put us into a sticky grey area.
The Geneva convention says:
The Third Geneva Convention Article 12 The Third Geneva Convention Article 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.
Akhenaten Akhenaten:
The only way I can see that would've protected our armed forces and our integrety is if we never handed them to the US, never handed them to teh Afghans and instead built and ran our own detention facility. A near impossible task maybe but honestly that's that's the only way we could do it and protect ourselves. Handing them to the US technically would be no different. Not trying to blame anyone on that score, I don't blame the Liberals, for example for handing detainees over to the US in the beginning, just pointing out how slim options are realistically.
It does seem clear that if we knew there was abuse the Geneva convention requires us to ask for the prisoners back. None of that happened, just a bunch of finger pointing later and parliamentary games to avoid answering questions.
The Prime Minister alone should not have the authority to shut down this committee. We need to do something about that currently. And then we can go about resuming the committee that had already started investigating this.