Much has been made of Israel’s administrative detention that puts Palestinians in jail and prison for long periods of time on no charges whatsoever! It’s called administrative detention and it’s often used by states in cases of insurgencies. The US did it at Guantanamo Bay, the US imperialist base on stolen Cuban land. We said they were not POW’s so we wouldn’t have to abide the by the Geneva Conventions. Then we refused to call them criminals or charge them with anything because we feared that juries would acquit them.
So we said they were “unlawful combatants,” except there is no such thing under international law. You’re either a soldier, in which case you are entitled to Geneva Convention Protections, or you are a criminal who can be tried perhaps on sedition or terrorism charges, or you are some sort of a civilian. The only people not covered who receive no protections are enemy spies. They can be killed at will during wartime.
In 1976, additions were added giving some protections to guerrillas in guerrilla wars, who had previously been thrown in with spies. The people who most ferociously opposed this were US Jews, the US faction of a race of lawyers. They argued that if you fought without a formal uniform, you were a guerrilla, so you were entitled to no protections and were similar to spies who could be executed as will.
That’s where the Jewish “unlawful combatant” crap came from. Yeah, (((they))) made that up. Thanks, Jews, for coming up with a fascist legal concept!
I believe guerrillas are now entitled to some protections but not as many as formal soldiers. Hamas wears uniforms, so arrested Hamas fighters are obviously POW’s. Israel sure isn’t treating them as such in this recent war. In fact, taking after their sleazy brethren over here, the Israeli branch of this race of lawyers has decided that all captured guerrillas are “unlawful combatants.”
The Jews* have been treating arrested militants quite terribly in this recent war, stripping them naked, beating and kicking them, stripping them down to their shorts and forcing them into humiliating positions, and even tying them up naked on the ground. In contrast, Palestinian treatment of Israeli POW’s at least after being formally detained has been remarkably better, though we have little good evidence of that. Mohammad Deif has recently ordered that all POW’s and civilian captives be treated decently.
Not that the militants haven’t been a bit rough with them, but armies are often rough with POW’s during wartime.
The illegal combatants scam was a fascist trick put in by the Bush Administration, which increasingly looks fascist. But really America has always been this way, so perhaps we have always had fascist tendencies in the past century. And George Bush is looking more fascist the more I examine him. His goon, the fascist law scholar John Yoo was the one who crafted the wholly fraudulent “illegal combatant.” Renowed scholar of international law Francis Boyle told me that there’s no such thing as an unlawful combatant under international law. It’s all made up.