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CNN Live Today
Legal Implications of Bush Declaring Combat Phase Over
Aired May 01, 2003 - 10:33 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
LEON HARRIS, CNN ANCHOR: Edward Sherman specializes in military law at Tulane University Law School in New Orleans. He joins us now to explain the legal significance of what we expect to here tonight from President Bush as he explains that the combat phase of the war is over.
Thank you very much for your time today, Mr. Sherman.
What is it that you expect to hear tonight, and legally, what is this all about?
EDWARD SHERMAN, TULANE LAW SCHOOL: The president's statement that combat is over, but the war is not, has both public relations and some legal implications. Public relations, it gives the administration the opportunity to point out that victory was achieved in a relatively short period of time, less than 45 days of combat.
In terms of legal significance, if the combat is over and yet the war continues, that is, the war on terrorism, then any individuals who engage in hostilities on the Iraqi side may not be accorded prisoner of war status. They would be unlawful combatants.
Likewise, the prisoners of war who have been captured, many of them in the Iraqi forces, if the war continues, the administration may not be obligated to release them all. The Geneva conventions say that prisoners of war will be released at the end of active hostilities, and the administration may be making the point that active hostilities continue, even though combat is not.
HARRIS: Understood. Understood.
Mr. Sherman, before we go on, we just want to show the audience right now something else we're watching. We talked earlier this morning about this devastating earthquake, I believe it was a 6.4, that struck in Turkey. And we've been watching live pictures throughout the morning of a rescue effort that's under way to rescue a number of children that may still be trapped inside this building. We talked with the reporter there on the scene who said at one point there were at least 103 children trapped inside. They believe that they may have rescued some of those, perhaps half of them. As you can see here, there's a lot of work going on here in Bingol, Turkey at the scene of this devastating earthquake. We'll get a live report on that coming up in just a few minutes. So please stay with us for that, folks.
HARRIS: In the meantime, let's go back to our conversation with Edward Sherman of Tulane University. Let me ask you about this, is there something of an element here with Congress, and with the report that is due Congress if the war is actually declared to be over? Is the administration trying to step rather cutely here to avoid doing that, or what?
SHERMAN: Well, that's a possibility, we don't know. When Congress authorized the president to use force in Iraq in October, it provided that he would have to make a full report to Congress within six months after the hostilities began.
If now the announcement is that's combat is over, therefore hostilities don't continue up to the six months, it's possible that the administration could say they don't have to make such a report, and if the administration wants to avoid having to make a report and be subject to congressional scrutiny, they may find that to be an attractive position.
HARRIS: Would it even be necessary to officially declare an end to the war if war hasn't even been declared to begin with?
SHERMAN: No, of course, this -- these days, declarations of war are passe. We didn't have declarations of war in Vietnam or Korea, and we didn't have one here. So the term "war" no longer means a declared war, but it really means hostilities.
HARRIS: So basically here we're looking at an exercise in politics then?
SHERMAN: I think it's political and legal, as well as public relations, yes.
COSTELLO: All right, well, thank you for your insight this morning. Edward Sherman of Tulane University. Good luck to you. Take care.
SHERMAN: Thank you.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
Aired May 1, 2003 - 10:33 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
LEON HARRIS, CNN ANCHOR: Edward Sherman specializes in military law at Tulane University Law School in New Orleans. He joins us now to explain the legal significance of what we expect to here tonight from President Bush as he explains that the combat phase of the war is over.
Thank you very much for your time today, Mr. Sherman.
What is it that you expect to hear tonight, and legally, what is this all about?
EDWARD SHERMAN, TULANE LAW SCHOOL: The president's statement that combat is over, but the war is not, has both public relations and some legal implications. Public relations, it gives the administration the opportunity to point out that victory was achieved in a relatively short period of time, less than 45 days of combat.
In terms of legal significance, if the combat is over and yet the war continues, that is, the war on terrorism, then any individuals who engage in hostilities on the Iraqi side may not be accorded prisoner of war status. They would be unlawful combatants.
Likewise, the prisoners of war who have been captured, many of them in the Iraqi forces, if the war continues, the administration may not be obligated to release them all. The Geneva conventions say that prisoners of war will be released at the end of active hostilities, and the administration may be making the point that active hostilities continue, even though combat is not.
HARRIS: Understood. Understood.
Mr. Sherman, before we go on, we just want to show the audience right now something else we're watching. We talked earlier this morning about this devastating earthquake, I believe it was a 6.4, that struck in Turkey. And we've been watching live pictures throughout the morning of a rescue effort that's under way to rescue a number of children that may still be trapped inside this building. We talked with the reporter there on the scene who said at one point there were at least 103 children trapped inside. They believe that they may have rescued some of those, perhaps half of them. As you can see here, there's a lot of work going on here in Bingol, Turkey at the scene of this devastating earthquake. We'll get a live report on that coming up in just a few minutes. So please stay with us for that, folks.
HARRIS: In the meantime, let's go back to our conversation with Edward Sherman of Tulane University. Let me ask you about this, is there something of an element here with Congress, and with the report that is due Congress if the war is actually declared to be over? Is the administration trying to step rather cutely here to avoid doing that, or what?
SHERMAN: Well, that's a possibility, we don't know. When Congress authorized the president to use force in Iraq in October, it provided that he would have to make a full report to Congress within six months after the hostilities began.
If now the announcement is that's combat is over, therefore hostilities don't continue up to the six months, it's possible that the administration could say they don't have to make such a report, and if the administration wants to avoid having to make a report and be subject to congressional scrutiny, they may find that to be an attractive position.
HARRIS: Would it even be necessary to officially declare an end to the war if war hasn't even been declared to begin with?
SHERMAN: No, of course, this -- these days, declarations of war are passe. We didn't have declarations of war in Vietnam or Korea, and we didn't have one here. So the term "war" no longer means a declared war, but it really means hostilities.
HARRIS: So basically here we're looking at an exercise in politics then?
SHERMAN: I think it's political and legal, as well as public relations, yes.
COSTELLO: All right, well, thank you for your insight this morning. Edward Sherman of Tulane University. Good luck to you. Take care.
SHERMAN: Thank you.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
