Does Geneva matter anymnore?

[acroyear]

Dispatches from the Culture Wars: Has the US Withdrawn from Geneva Conventions?:

But that last part seems to be the key: this law forbids anyone from taking a violation of the Geneva Conventions to court. Here is the text of Sec. 7(a):

(a) In General- No person may invoke the Geneva Conventions, or any protocols thereto, in any habeas or civil action or proceeding to which the United States, or a current or former officer, employee, member of the Armed Forces, or other agent of the United States, is a party, as a source of rights in any court of the United States or its States or territories.

So here's the question: if the legislature and the executive branch both claim the authority to violate this treaty, and the courts cannot hear any case that challenges those actions, how exactly is this treaty still the law of the land? Remember, under our constitution treaties are considered binding law. Once the Senate ratifies a treaty, it is just as legally binding as any other law. But if our government violates it and there is no recourse to challenge such violations, is this not a de facto withdrawal from the treaty?

Comments

[neadods.livejournal.com]

Yup. The Geneva convention (and chunks of the Constitution) are now legally null and void.

Methinks someone high up is awfully scared about being hauled into court next to Saddam for many of the same crimes...

cripes

[zammis.livejournal.com]

I'm really going to have to look at leaving this rogue nation, aren't I? Unbelievable.

Whena nd where is the massive protesT?