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Lift your lamp beside the golden door, Break not the golden rule, avoid well the golden calf, know; not all that glitters is gold, and laissez faire et laissez passer [let do and let pass] but as a shining sentinel, hesitate not to ring the bell, defend the gates, and man the wall

Saturday, July 2, 2011

INTERNATIONAL LAW

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[Abolish the UN]
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International Covenant on Civil and Political Rights

Article 19

1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public), or of public health or morals.
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The European Convention on Human Rights

ARTICLE 10

  1. Everyone has the right to freedom of expression. this right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
  2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or the rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
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Geneva Convention
This article states that the Geneva Conventions apply to all cases of international conflict, where at least one of the warring nations have ratified the Conventions. Primarily:

The Conventions apply to all cases of declared war between signatory nations. This is the original sense of applicability, which predates the 1949 version.
The Conventions apply to all cases of armed conflict between two or more signatory nations, even in the absence of a declaration of war. This language was added in 1949 to accommodate situations that have all the characteristics of war without the existence of a formal declaration of war, such as a police action.
The Conventions apply to a signatory nation even if the opposing nation is not bound by it. By 1949, the treaty was becoming viewed less as a reciprocal contract and more as an agreement on fundamental human rights. Ratifying the treaty binds the nation to uphold these rights regardless of the behavior of the opposing nation.
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My Commentary, 


-Thus the Geneva convention Does Not Apply to Non State Actors (nor POWs not claimed by a state)
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Geneva Convention Common Article 2  

specifies which parties are bound and under what circumstances 
That any armed conflict between two or more high contraction parties covered That applies to occupations of a High Contraction Parties That the relationship between the High Contraction Parties and a non-signatory the party will remain bound until the non-signatory no longer acts under the Strictures of the convention
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