Posted by
Sapper on Sunday, March 25, 2007 1:40:56 AM
The 15 uniformed military personnel captured at gunpoint in Iraqi waters mat be prosecuted by Iran for
espionage according
The Sunday Times of Britain. Not only is this a complete farce, as were the so-called "confessions" that the Brits had illegally entered Iranian waters, but even if they were guilty of "spying" in Iranian waters as Iran presumably claims, they'd still be afforded the rights of any other "prisoner of war" and would need to be returned safely.
"FIFTEEN British sailors and marines arrested by Iran’s Revolutionary Guards off the coast of Iraq may be charged with spying.
A website run by associates of Mahmoud Ahmadinejad, the Iranian president, reported last night that the Britons would be put before a court and indicted.
Referring to them as “insurgents”, the site concluded: “If it is proven that they deliberately entered Iranian territory, they will be charged with espionage. If that is proven, they can expect a very serious penalty since according to Iranian law, espionage is one of the most serious offences.”...'
For one thing, when I was taught the Laws of Warfare as a junior officer, uniformed troops are not considered spies. But to expect "justice" from a country that has such a poor record on Human Rights is probably wishful thinking even though they are, however, signatories to the 1949 Geneva Conventions.
The Geneva Conventions prohibit 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."
Even if it were true that they were in Iranian waters gathering information as I suppose Iran is claiming, Article 46 of the "Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977." states that "A member of the armed forces of a Party to the conflict who, on behalf of that Party and in territory controlled by an adverse Party, gathers or attempts to gather information shall not be considered as engaging in espionage if, while so acting, he is in the uniform of his armed forces..."
Iran's belligerant and ignorant acts would be amuzingly absurd if they weren't so dangerous. They are truly run by madmen.
Update: Ed Morrissey on the "confessions".
Update II: Other links: Jihad Watch, Wizbang, and justamarine.