After all, they are not the United States or Israel, so their actions pass with relatively little comment -- even though their actions do, in fact, violate Geneva, something that is not the case with the criticized actions of the US and Israel.

FIFTEEN British sailors and marines arrested by IranÂ’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.”

The warning followed claims by Iranian officials that the British navy personnel had been taken to Tehran, the capital, to explain their “aggressive action” in entering Iranian waters. British officials insist the servicemen were in Iraqi waters when they were held.

However, as Captain Ed points out, this announcement is a clear statement of intent to violate international law as found in the Geneva Conventions.

The Iranians cannot try the men for espionage if they captured the sailors in uniform. Article 46 of the Geneva Convention states this clearly:

2. 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.

The indictment of British sailors in uniform as spies will violate the GC. Can we expect the same level of outrage over this explicit violation as the supposed violations of the US government?

Now since the status of those captured in uniform, as opposed to those captured out of uniform (like, for example, al-Qaeda jihadis), they cannot face criminal charges but must instead be treated as POWs. On the other hand, those captured out of uniform can be so tried, according to whatever for their captors see fit. If this situation does not make the matter clear to even the most dense of observers (including BDS-suffering American leftists), then nothing will.

Oh, and by the way -- the Iranians attacked US and Iraqi forces INSIDE IRAQ recently. Sounds like an act of war to me. Too bad Congress won't let us respond appropriately.

Personally, I like the suggestion at the Jawa Report for dealing with this act of naked aggression by the Iranians. So what if we have to print maps that read "Sea of Glass" where "Iran" used to be.

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Posted by: Greg at 07:56 AM | Comments (4) | Add Comment
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