...asked in the context of recent events and prior discussions of the Geneva Accords: Why hasn't the International Committee of the Red Cross demanded access to the Israeli soldiers taken in Gaza and in northern Israel? The same could be asked for any other relevant organizations as well as governments who've recently been concerned with the treatment of non-uniformed combatants.
Certainly the soldier taken into Gaza is the responsibility of the quasi-Palestinian state and surely deserving of Geneva protections. Hezbollah while not a state or quasi-state has at least as much stature as Al Qaeda and it seems that the international community believes that Geneva extends to Al Qaeda's representatives; so, why would it not also extend to uniformed soldiers held by Hezbollah which, I believe, has declared itself to be at war with the state of Israel.
It seems to me that reciprocity is a two-way street. If Geneva coverage is to be extended to insurgent groups under Article 3, then surely reciprocal treatment should be expected from them? Otherwise Geneva is a mockery.
I hope Justice Stevens is paying close attention.
This
JPost article is enlightening, if unsurprising:
The Red Cross is unbelievably charitable in its treatment of Hizbullah, given its past treatment of Israeli captives:
1982. That is ... what? Twenty-four years later? Does M. Stillheart really believe these men are alive? That they are being "humanely treated?" I'm sure they've been on his mind though.
Every day. For twenty-four years.
Imagine that. Israel fully observes international humanitarian law. But they've never been able to visit an Israeli prisoner captured by Arab terrorists... oops... freedom fighters. Even ones who've now been imprisoned since 1982. But hey... they think about them a whole lot.
Somebody get Justice Stevens on the bat phone! He'll shake the sternly wagging finger of international opprobrium at these guys. A few days of that, coupled with his turgid legal prose, should have them just begging for mercy.
And while he's at it, maybe he could
watch this. Perhaps then he might understand that our guys have a pretty good understanding of the challenges they're facing over there.
We have good rules in place already without our Supreme Court justices unilaterally and capriciously renegotiating international treaties while they're fighting half a world away. But in any human system, people step over the line. It happens. We see it every day in the news: in schools, in corporate America, in the penal system. Rules are in place, not because we reasonably believe they can prevent wrongdoing, but to enable us to detect and punish wrongdoing once it has occurred.
Human nature has always been fallible, and if there is one thing we have known since the dawn of time, it is that things go wrong. That is precisely why we make rules - to address the problems that occur due to human foibles.
We do not abolish human ins utions because abuses occur. We don't close schools when a teacher abuses a student. We don't close police departments or penitentiaries when a cop or a prison guard commits a crime. Reasonable people knew that would happen from the get go. Only malicious trouble makers and the willfully naive pretend otherwise.
We pick up the pieces, resolve to do better, and move on.