Sunday, July 16, 2006

Interview with Derek Jinks, UT professor and expert in Humanitarian Law

It is encouraging that the issue of torture is being discussed without any dismissals of 'those people deserve it' or 'they would not be there if.. ' . In today's Austin American Statesman, there was a long interview with Derek Jinks who, aside from being a professor at UT (University of Texas), worked for the International Criminal Tribunal for Yugoslavia. Excerpt time;

Jinks believes the Guantánamo example has violated something almost sacred — the idea fortified in the 1949 Geneva Conventions that all detainees in a time of war are entitled to some basic human rights, no matter how urgent the crisis, no matter how savage the conflict. He sees President Bush's declaration (in 2002) that detainees in a war on terror were not worthy of Geneva protections as "a terrible blow" for international law. "And the reason it was such an enormous setback is because it was the United States making the policy."

Jinks is heartened by the Supreme Court's June 29 Hamdan v. Rumsfeld decision, which affirmed Guantánamo detainee Salim Ahmed Hamdan's right to Geneva protections and declared the president's military tribunal policy unlawful. Long active in the Hamdan case, Jinks co-authored a friend-of-the-court brief focusing on the legal applicability of the Geneva Conventions in questions involving Guantánamo.

Jinks, a 38-year-old alumnus of Yale Law School who earned his undergraduate degree at UT, by no means sees the Hamdan ruling as an end point, especially since Congress has the power to supercede the Supreme Court as it now undertakes the question of what to do on Guantánamo. Nor is he sold on the Bush administration's statement, issued Tuesday, that henceforth all detainees in American military custody will be afforded Geneva protections

Click on quote for full article.


Blogger Gary said...

I used to teach the Geneva Conventions to lawyers and sometimes soldiers. The shell game Bush is playing is horrible... and in a just world would land him and some others in prison for a long time.

It may come some day.

9:50 PM  
Blogger Zebster said...

Or The Fletcher Memorial Home for Incurable Tyrants and Kings.

I keep meaning to work that song into a blog and just haven't put it all together yet.

As relevant now as it was 20+ years ago.

9:31 PM  
Blogger Ingrid said...

Zeb, never heard of it actually. Maybe you can find it on a youtube video or something..

10:45 PM  
Blogger Progressive Traditionalist said...

One thing I find troubling in this is how it is portrayed that the liberal element of the Supreme Court has bowed to international law rather than recognize US law. That treaty is US law, and its ratification is a long process.
And if I remember correctly (and I might not), it seems like the treaty making power is in the congress in the American system, not the executive.

No pol sci here though. You'll know when I become a political consultant when you see a rather haggard-looking fellow standing on the side of the road with a sign that says "WILL POLITICALLY CONSULT FOR FOOD."

11:46 PM  
Anonymous Anonymous said...

Nice idea with this site its better than most of the rubbish I come across.

4:11 AM  

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