Thai death sentence for Briton

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Would you support the death penalty in this case?

Yes
21
43%
No
28
57%
 
Total votes: 49

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Beowulf
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Post by Beowulf »

spikenigma wrote:very true

however...

1. That would be against the geneva convention and thus international law, and I quote:
geneva1948 - the fourth wrote: The penal provisions promulgated by the Occupying Power in accordance with Articles 64 and 65 may impose the death penalty on a protected person only in cases where the person is guilty of espionage, of serious acts of sabotage against the military installations of the Occupying Power or of intentional offences which have caused the death of one or more persons, provided that such offences were punishable by death under the law of the occupied territory in force before the occupation began.

http://www.jewishvirtuallibrary.org/jso ... neva1.html
espoinage - nope
serious acts of sabotage against the military installations of the Occupying Power which have caused the death of one or more persons - nope

and Thailand IIRC is part of it..

http://www.ppu.org.uk/learn/texts/doc_g ... on_sp.html

now, as I'm tired and groggy now, I've probably got this COMPLETELY wrong...but meh!
Are you high? What the hell are you smoking? Why the hell would the Geneva Convention apply, given that it's for conduct during war? Hell, what does the phrase "Occupying Power" mean to you? It's for military personnel. And the definition of protected person is: a lawful combatant, which means they must have a uniform distinguishing mark, e.g. a uniform.
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J
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Post by J »

spikenigma wrote:
geneva1948 - the fourth wrote:The penal provisions promulgated by the Occupying Power in accordance with Articles 64 and 65 may impose the death penalty on a protected person only in cases where the person is guilty of espionage, of serious acts of sabotage against the military installations of the Occupying Power or of intentional offences which have caused the death of one or more persons, provided that such offences were punishable by death under the law of the occupied territory in force before the occupation began.
It doesn't apply since it deals with the treatment of an occupied nation's people by the occupying power, to use an example: If France was invaded and occupied by say, the US, the US can't sentence french citizens to death unless they are guilty of the acts listed in the above and all the provisions are met. The US can't sentence french citizens to death for acts which are covered by capital punishment under US law, so a french serial killer in an occupied France can't be sentenced to death.

It does not apply to the british citizen who was caught commiting a capital offence in Thailand.
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spikenigma
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Post by spikenigma »

Beowulf wrote: Are you high? What the hell are you smoking? Why the hell would the Geneva Convention apply, given that it's for conduct during war? Hell, what does the phrase "Occupying Power" mean to you? It's for military personnel. And the definition of protected person is: a lawful combatant, which means they must have a uniform distinguishing mark, e.g. a uniform.
ok, did or did I not say in this very thread:
me! wrote: I don't know, I suppose if you consider a government a force occupying the country...but meh!, what do I know?, I'm not a lawyer
ergo, I KNOW geneva applys to war and military occupations (which this is not). I was simply slightly changing the application of and poking fun at the term - "occupying power" as above...
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