The Geneva Convention and GITMO

The Geneva Conventions apply at times of war and armed conflict
to governments who have ratified its terms. The reader should
recognize the controversial nature of the topic of applicability.
When the Geneva Conventions apply, governments must
surrender a certain degree of their national sovereignty to comply
with international law. These laws may not be entirely harmonious
with their national constitution or their cultural values. Despite
the advantages offered by the Conventions to individuals, political
pressures may cause the governments to be reluctant in accepting
its responsibilities.
Note that a treaty signed in 1949 by parties to World War II is not
applicable to the current war on terror. Alexander Hamilton said
"It is the Constitution that authorizes us to make treaties. If a
treaty violates the Constitution, it would be like an agent
betraying his principal or authority."
According to the Conventions, a combatant not in uniform is a spy
and may be shot. The fact that two of the many combatants were
waterboarded, instead of shot immediately seems humanitarian!
Misguided liberals want combatants treated as American
citizens - which they are not - and given legal rights expected by
American citizens. Somehow transferring them from one prison
at GITMO to another prison on American soil in the lower 48
supports this claim. It is just a shell game to con the American
people.