Mullah Omar: Taliban Rules and Regulations

[jmm99]

Much of what I've said to Igel applies to you. I've been pounding at this for about 3 hours and very soon have to do something else.

The links in the post above should keep you busy for a while; and they will answer most, if not all, of the issues re: GC Common Articles 2 and 3, and where to go in GC III and IV once past the CAs.

As to this:

from M-A
I do not see where someone is not falling under GC.

I also do not see a hole in the GCs, through which a person can fall and not be covered by at least one GC article. That was one disagreement I had with John Yoo et al. I had violent disagreement with his concept of unlimited presidential powers, especially as applied domestically in the US (never implemented and in effect shelved by President Bush II).

As to your jump for the Taliban to Article 4 of CG III, you first have to get them past Common Article 2. I attach a pdf file which has the text and the commentary to Common Article 2, together with my brief comments. The flow chart, as I see it, puts the Taliban (and AQ) under Common Article 3, or in some cases under law enforcement rules (not under the laws of war). Civilians (not involved in either group) are unquestionably under GC IV, which has its own detention provisions if they are security risks.

As to this:

from M-A
Concerning the Mullah Omar rules. the question that comes to me is what version of Sharia they use and where does it fall in the hierarchy of law. Is the Sharia the supreme Law, even above the constitution? Is Sharia the reference of the constitution, as for Human Rights in French Law? Or is Sharia the referal for domestic laws? Concerning the GC, as ICRC does recognise Sharia as a coutume in war conduct, does Sharia have a higher rank in hierarchy for the Taleb or as for ICRC, is Sharia a contribution to GC?
Also, GC are not bound to a government but to a country. So as Afghanistan did sign and ratify GC in the past, then Taleb have to apply it. But do they recognise treaty and conventions that were ratify before they came in power?

Yes, these are the questions I want to eventually discuss.

But, I've put up 15 links, two threads and one JCS publication that pretty much lay out my position on the legal framework that needs to be understood before tackling Sharia law. We may all have somewhat different legal positions and I'm not trying to force a consensus. I think you will appreciate the difficulties faced by three Coalition military lawyers, from different coiuntries, trying to come up with a consensus answer.

Don't get rained on too much.

Mike