Your conflict is between the Geneva Conventions (an international treaty signed by the US and thus part of US law) and Freedom of Speech (a part of our constitution). The conventions are also based on the rights of people, as is our constitution.
Personally I have had the opinion that some ways of
conveying a message are {vile}, and that if the message can be conveyed by other means that there is no need for the {vile} method. In this category are words of profanity: they do not add to the message, and I have no moral quandry with prohibiting such forms of message (a distinction between form and content).
Simple pictures of dead Americans, Iraqis, civilians, insurgents whatever, show the carnage of war, and this message deserves to be delivered.
Pictures of people celebrating the deaths of others (whether american or iraqi) do not show the carnage of war, they show the debasement of the people that mock the dead. The question then becomes whether we are commenting on the debased behavior or joining with it.
A very quick and supeficial look at Geneva Convention found
All Types of Amorous Relationships: Swingers, Open and More
dead prisoners of war
Burial of the dead must be carried out individually if possible and must be preceded by a careful examination in order to confirm death and establish identity. The burials should be honorable and, if possible, according to the rites of the religion to which the deceased belonged. Graves must be properly maintained, with adequate record keeping, so that they may be found later. (Convention III, Art. 120)
Cremation can take place only for imperative reasons of hygiene or if required by the religion of the deceased. Ashes must be kept until proper disposal is possible. (Convention III, Art. 120)
And I can't think of treating dead soldiers or dead civilians any different.
in fact there is this section too:
civilian immunity
Civilians have special protections under Convention IV, Protocol I, and Protocol II.
They must be treated humanely, without discrimination based on race, color, religion or faith, sex, birth or wealth, or other similar criteria.
Violence to life and person including murder, mutilation, cruel treatment and torture are prohibited.
Outrages upon personal dignity, including humiliating and degrading treatment are prohibited.
Sentences and executions without a judgment from a regularly constituted court and without benefit of the standard judicial guarantees are prohibited. (Convention IV, Art. 3)
See civilian population, women, murder, rape, torture, discrimination, civilian property, places of worship, cultural objects, grave breaches, and indiscriminate bombing to start with.
Does one have a right to commit atrocities?
Of course this administration thinks that the conventions don't apply to them, just the rest of the world.
We can't pick the rights to use or discard without discarding all of them.
Not sure that helped.
we are limited in our ability to understand
by our ability to understand
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