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Why doesn't the Geneva Convention apply to Guantanamo Bay?

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Adding to Joshua Engel answer, international law throughout history outlawed wearing civilian clothes or uniforms of the hostile army to fight in combat. read more

1. The Geneva Convention was created to try and relegate the atrocities of the Nazis (and others) to the history books. Many of the thought leaders were Americans. 2. It is the duty of a serving soldier to act within the Geneva Convention - and to refuse to obey an order that is at odds with the Geneva Convention. read more

Rumsfeld, held that international law applies to Guantanamo detainees, that they cannot be held indefinitely without trial, that constitutional habeas corpus protections apply to them, and that the combatant status review tribunals were unconstitutional and violated the Geneva Conventions. read more

Source: bu.edu

Since 2002, the administration has contended that the Geneva Conventions would be respected as a matter of policy but that they did not apply by law to terrorism suspects held at Guantanamo Bay, Cuba, or in U.S. military custody elsewhere. read more