Link:
In the case of armed conflict not of an
international character occurring in the territory of one of the High
Contracting Parties, each Party to the conflict shall be bound to
apply, as a minimum, the following provisions:
(1) Persons taking no active part in the
hostilities, including members of armed forces who have laid down their
arms and those placed ' hors de combat ' by sickness, wounds,
detention, or any other cause, shall in all circumstances be treated
humanely, without any adverse distinction founded on race, colour,
religion or faith, sex, birth or wealth, or any other similar criteria.
To this end, the following acts are and shall
remain prohibited at any time and in any place whatsoever with respect
to the above-mentioned persons:
(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular humiliating and degrading treatment;
(d) the passing of sentences and the carrying out
of executions without previous judgment pronounced by a regularly
constituted court, affording all the judicial guarantees which are
recognized as indispensable by civilized peoples.
(2) The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the
International Committee of the Red Cross, may offer its services to the
Parties to the conflict.
The Parties to the conflict should further
endeavour to bring into force, by means of special agreements, all or
part of the other provisions of the present Convention.
The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.
posted 11:44 am at Rox Populi
Link:
In the case of armed conflict not of an
international character occurring in the territory of one of the High
Contracting Parties, each Party to the conflict shall be bound to
apply, as a minimum, the following provisions:
(1) Persons taking no active part in the
hostilities, including members of armed forces who have laid down their
arms and those placed ' hors de combat ' by sickness, wounds,
detention, or any other cause, shall in all circumstances be treated
humanely, without any adverse distinction founded on race, colour,
religion or faith, sex, birth or wealth, or any other similar criteria.
To this end, the following acts are and shall
remain prohibited at any time and in any place whatsoever with respect
to the above-mentioned persons:
l (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular humiliating and degrading treatment;
(d) the passing of sentences and the carrying out
of executions without previous judgment pronounced by a regularly
constituted court, affording all the judicial guarantees which are
recognized as indispensable by civilized peoples.
(2) The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the
International Committee of the Red Cross, may offer its services to the
Parties to the conflict.
The Parties to the conflict should further
endeavour to bring into force, by means of special agreements, all or
part of the other provisions of the present Convention.
The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.
posted 11:44 am at Rox Populi
In confirmation testimony today, Judge Alito weighed in on Internet porn:
Saying the courts and Congress have been struggling with the issue, Supreme Court Justice nominee Samuel Alito told a Senate Judiciary confirmation hearing Tuesday that the government needs to do more to square existing law with the communications technology that has allowed for the distribution of pornographic material.
"...in the First Amendment context, when the means of communications change, the job of applying the principles that have been worked out, and I think in this area worked out with a great deal of effort, over a period of time in the pre-Internet world to the world of the Internet is a real difficult problem.
While specifically addressing the availability of Internet porn to minors --if I'm reading his full statement on the subject correctly-- what Alito is essentially saying is that the framers couldn't have envisioned the burgeoning Internet porn business made possible by today's technology. And that new technologies might pose some "difficulty" in applying the First Amendment as written by the framers.
Read the rest of Alito's testimony on the subject. And bid a warm welcome to the Nanny State.
Also, I wonder how the NRA folks would react if this same standard was applied to the Second Amendment. Actually, I don't.
posted 9:57 pm at Rox Populi
PLANNED PARENTHOOD OF SOUTHEASTERN PA. v. CASEY.
We've discussed this before, but it bears repeating.
Whether you think abortion should be legal or not is irrelevant. It was legal when Alito wrote his opinion in Casey. Yet, he still thought a requirement to inform another human being about a legal medical procedure was Constitutional.
posted 8:03 am at Rox Populi
Scolito-Related
Scalito-Free
posted 8:39 am at Rox Populi
According to the First Amendment Center, Judge Alito is "fairly strong" on free expression and First Amendment issues. This is important as there are number of free speech cases that may make their way to the Supremes in the next few years.
posted 10:56 am at Rox Populi
