Law of War Handbook 2005

(Jacob Rumans) #1
(1)Freedom from slavery or genocide;

(2)The right to a fair and regular trial;

(3)The right to be cared for when sick;

(4)The right to humane treatment when in the hands of a state;

(5)Freedom from torture and cruel, inhuman, or degrading treatment;

(6)Freedom from murder, kidnapping, and other physical violence;

(7)Freedom from arbitrary arrest and detention;

(8)The right to be properly fed and cared for when detained or under the
protection of a nation;

(9)Freedom from systematic racial discrimination (to include religious
discrimination);

(10)    Freedom from violation of other internationally recognized human
rights if the violation occurs as a result of state policy. (Examples of
such violations include systematic harassment, invasion of the privacy
of the home, denial of fair trial, grossly disproportionate punishment,
etc.)

d. The Statutory Reinforcement. The prohibition under international law
against violation of these "Tier 1" rights is reinforced by various domestic
statutes intended to ensure U.S. policy does not support nations which
violate such rights. These include:


(1)United States Foreign Assistance Act: no assistance may be provided
"to the government of any country which engages in a consistent
pattern of gross violations of internationally recognized human rights,
including torture or cruel, inhuman, or degrading treatment or
punishment, prolonged detention without charges, or other flagrant
denial of the right to life, liberty, and the security of the person.. ."
22 U.S.C. 9 2151n.(a);

(2) The Agricultural Trade Development and Assistance Act of 1954, as
amended 7 U.S.C. 5 17 12 (precluding agreement to finance sale of
agricultural commodities to such governments);
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