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Title: Update to US War Manual Makes it Easier to Defend Killing Journalists
Source: Washington's Blog
URL Source: http://www.washingtonsblog.com/2015 ... efend-killing-journalists.html
Published: Jun 25, 2015
Author: Robert Barsocchini
Post Date: 2015-06-25 00:18:23 by nolu chan
Keywords: None
Views: 410
Comments: 2

Update to US War Manual Makes it Easier to Defend Killing Journalists

The US has always been a deadly force for journalists.  The US invasion of Iraq launched in 2003, for example, as Al Jazeera reports, is the single “deadliest war for journalists” ever waged: “More journalists were killed during the US-led invasion and occupation of Iraq than in any war in history.”

Now, as US and EU officials and propagandists regularly denounce the journalism of outlets they don’t like (ie ones that debunk Western propaganda), and the US positions tanks, artillery, trainers, and other equipment and hostile forces on Russia’s border, the US is further muddying its official definition of “journalist”.

Under the Bush Jr. regime, a phrase with no occurrence or standing in law was invented as an “excuse” to illegally violate the Geneva Convention and use outlawed treatment, such as execution, torture, military instead of civilian courts, and indefinite imprisonment, on whomever the US wanted, including journalists.  That phrase was “unlawful combatant”.  (The perpetrators of crimes “excused” by the phrase are all being protected by Obama.)

Under the Obama regime, the made up phrase is being replaced by the Pentagon with a new one that is even broader and more vague: “unprivileged belligerent”.  This is different from the previous term in that it does not specify any relation to law, but rather to a notion of “privilege”.  Likewise, it conveys no direct relation to combat, but rather simply to “belligerence”.

Obama is already infamous for creating false definitions for words and terms to cover major crimes, such as executions of thousands of suspects and civilians (see: 1, 2, 3).

And the new war-conduct manual directly links the new vague and highly exploitable phrase, “unprivileged belligerent”, to journalists, stating:

“In general, journalists are civilians. However, journalists may be members of the armed forces, persons authorized to accompany the armed forces, or unprivileged belligerents.”

A Telesur News analyst notes that “The classification of journalists as ‘unprivileged belligerents’ is leading experts to conclude that the U.S. Department of Defense has given the green light for soldiers to kill journalists.”  The classification could also be used to justify the continuation and/or extension of other types of illegal treatment of journalists, such as torture or indefinite imprisonment, which the US practices.

In response, the Pentagon assured media that this was not the case (what else would it say?).

Obama is known as particularly hostile towards informational awareness and the press, having persecuted more whistle-blowers than all previous presidents combined, and having carried out other actions such as classifying journalists as terrorists, having journalists imprisoned without trial, and aiding armed groups, such as the post-coup regime in Kiev, as they purge and murder journalists en masse.

While the new manual does not necessarily represent the stance of the US government as a whole, it applies to the armed wings and could be cited by anyone, as Telesur notes, including foreign actors, as justification for continued crimes.

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#1. To: nolu chan (#0)

Putin, please invade and save us!

Pericles  posted on  2015-06-25   0:49:10 ET  Reply   Trace   Private Reply  


#2. To: Pericles (#1)

http://www.juridicainternational.eu/public/pdf/ji_2005_1_191.pdf

8 pp. PDF

[excerpt - citations omitted - emphasis added]

René Värk
Lecturer of International Law
Institute of Law, University of Tartu

The Status and Protection of Unlawful Combatants

The term 'unlawful combatant' became better known during the recent armed conflict in Afghanistan, when the Bush administration announced its decision to classify the captured Taliban soldiers and al-Qaeda fighters as unlawful combatants and, as a consequence, to deny them prisoner-of-war status: This has provoked a heated debate over the exact status and protection of such persons. In view of the current security situation around the world, it has been asserted ever more frequently that unlawful combatants are not entitled to any protection whatsoever under international humanitarian law. These statements are clouded in emotional rhetoric and are also dangerous, as they lead to a situation where certain persons in armed conflict are left in a legal vacuum. Yet every person has the fundamental and undeniable right to recognition before the law. It is the general principle of the four Geneva Conventions (1949), and their two Additional Protocols (1977) that every person in enemy hands must have some status under intemational law - that of either a prisoner of war or a civilian. There is no intermediate status: nobody in enemy hands can be outside the law. The present article will not discuss whether unlawful combatants should be treated as prisoners ofwar according to the Third Convention but, instead, will first shed some light on the status of unlawful combatants and then argue that they are protected as civilians under the Fourth Convention.

[snip]

At international law, the make believe linguistic terms such as unlawful combatant, unprivileged combatant, and unprivileged belligerent, are dispatched with alacrity. One needs simply to know how the terms combatant and civilian are defined in international law.

In defining combatant, a set of specifics is set forth. A civilian is defined as anyone who does not meet the definition of combatant.

If one is captured and held as a prisoner, he is either a combatant or a civilian. The way the terms are defined, they encompass every human on Earth.

National wordsmithing lawyers create terms for the purpose of confusing or deceiving the public. Anyone meeting the definition of combatant becomes a POW upon capture and is afforded the legal protections attaching with that status. All others are civilians and are afforded protections under International Humanitarian Law (IHL).

Unprivileged combatant, as one not privileged to lawful combatant status, is another way of saying civilian. All prisoners/detainees are entitled to a status determination and status is a binary state. All prisoners are either combatants or civilians.

nolu chan  posted on  2015-06-25   13:07:29 ET  Reply   Trace   Private Reply  


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