(A version of this statement with links to related articles is\r\navailable at http:\/\/www.civil-rights.net.)<\/p>\r\n
On January 11, 2002, the United States announced\r\nthat it was refusing to abide by the 1949 Geneva Convention on the treatment\r\nof prisoners of war in its treatment and internment of those taken prisoner in\r\nAfghanistan or Pakistan by the United States. The Third\r\nGeneva Convention, which provides specific guidelines for treatment of\r\nprisoner combatants, is a part of the \"law of nations\" and is a\r\nmainstay of international humanitarian law. The United States explained that the\r\nprisoners were not actually prisoners of war, but were in fact \"unlawful\r\ncombatants.\"<\/p>\r\n
The first prisoners arrived in the U.S. base at\r\nGuantanamo Bay, Cuba on January 11, 2002. According to the Washington\r\nPost, prisoners were hooded\r\nand shackled during the 27 hour flight. The United States defended these\r\npractices as appropriate security measures. Media on site in Cuba reported that\r\nthe prisoners were fitted with goggles that were blacked out, for\r\n\"security reasons\" necessary to prevent them from using their eyes. In\r\na public\r\nletter to Donald Rumsfeld , Amnesty International expressed concern that the\r\nprisoners' conditions of transport violated international norms.<\/p>\r\n
The prisoners are being housed in outdoor 6 foot by 8 foot\r\nopen-air chain link cages, with concrete floors, wooden roofs and containing a\r\nmat and a plastic bucket.<\/p>\r\n
The U.S. demanded that media not show photographs of the\r\nprisoners in these conditions, explaining that the photos would deprive the\r\nprisoners of their rights under the Geneva Convention. According to a Pentagon\r\nspokesperson, any photographs of the prisoners in the United States imposed\r\nconditions would be \"humiliating\"\r\nand \"debasing.\" Several outlets have not complied with the\r\nPentagon's demand.<\/p>\r\n
The Bush Administration's refusal to abide by the world's\r\nhumanitarian laws stands in stark contrast to the justifications advanced\r\nfor U.S. military actions. On September 20, 2001, in a televised speech, George\r\nW. Bush justified the waging of war as necessary to defend the values of\r\n\"civilization\" against \"evil\": \"This\r\nis not, however, just America's fight. And what is at stake is not just\r\nAmerica's freedom. This is the world's fight. This is civilization's fight.\"\r\nOn November 8, 2001, in his prime time speech to the nation, President Bush\r\ndeclared the bombing of Afghanistan to be \"a\r\nwar to save civilization itself.\" <\/p>\r\n
Article\r\n4 of the convention defines the categories of persons who may be considered\r\nas \"prisoners of war.\" According to Article\r\n5 , \"should any doubt arise as to whether persons, having committed a\r\nbelligerent act and having fallen into the hands of the enemy, belong to any of\r\nthe categories enumerated in Article 4, such persons shall enjoy the protection\r\nof the present Convention until such time as their status has been determined by\r\na competent tribunal.\" No competent tribunal has adjudicated such matter.<\/p>\r\n
Among the provisions of the Third\r\nGeneva Convention regarding humane treatment of prisoners of war, that the\r\nU.S. is refusing to apply, are:<\/p>\r\n
Article 13:Humane\r\ntreatment required; No reprisals allowed
\r\nArticle 14: Respect\r\nfor persons and honour; No gender discrimination
\r\nArticle 16: No\r\ndiscrimination based on race, nationality, religious belief or political\r\nopinions
\r\nArticle 17: No\r\nphysical or mental torture; No coercion to obtain information; Prisoners who\r\ndecline to provide information may not be threatened, insulted or exposed to\r\nunpleasant or disadvantageous treatment
\r\nArticle 18: Clothing,\r\narticles of personal use, to remain with prisoners
\r\nArticle 20: Evacuation\r\nor transfer to be under same conditions as afforded Detaining Power
\r\nArticle 21: Internment\r\nin camp allowed; Close confinement prohibited
\r\nArticle 22: Internment\r\nin penitentiaries prohibited; Every guarantee of hygiene and healthfulness\r\nrequired
\r\nArticle 25: Condition\r\nof quarters must be as favorable for POWs as for the forces of the Detaining\r\nPower; Accommodations for habits and customs of POWs required; Protection from\r\ndampness, adequate heat and lighting required
\r\nArticle 26: Food\r\nmust be in sufficient quantity, quality and variety to maintain good health and\r\nweight
\r\nArticle 27: Adequate\r\nclothing, underwear and footwear required
\r\nArticle 28: Canteens\r\nmust be installed; Fairly priced food, soap, tobacco and ordinary items must be\r\nstocked
\r\nArticles 29 - 32: Proper\r\nhygiene and medical attention, including monthly health inspections, required
\r\nArticles 34 - 37: Prisoners\r\nmust be afforded complete latitude in the exercise of religion, including\r\nattendance at services, on condition they comply with disciplinary routine
\r\nArticle 38: Provisions\r\nfor physical, intellectual and recreational activities
\r\nArticle 70: Prisoners\r\nmust be allowed to write to family, others<\/p>\r\n
Issued by the Emergency Campaign to Defend Dissent and Advance\r\nCivil Right, a project of the Partnership for Civil Justice~LDEF. For more\r\ninformation, go to http:\/\/www.Civil-Rights.net\r\n.<\/p>\r\n
The authors are members of the national steering committee of\r\nthe A.N.S.W.E.R. (Act Now to Stop War and End Racism) Coalition. http:\/\/www.internationalanswer.org\r\n. (A version of this statement with links to related articles is available at http:\/\/www.civil-rights.net\r\n<\/p>\n","contact":"info@justiceonline.org","link":"http:\/\/www.civil-rights.net","address":"","phone":"(202) 530-5630","parent_id":0,"mime_type":"text\/html","summary":"On January 11, 2002, the United States announced that it was refusing to abide by the 1949 Geneva Convention on the treatment of prisoners of war in its treatment and internment of those taken prisoner in Afghanistan or Pakistan by the United States. The Third Geneva Convention, which provides specific guidelines for treatment of prisoner combatants, is a part of the \"law of nations\" and is a mainstay of international humanitarian law. The United States explained that the prisoners were not actually prisoners of war, but were in fact \"unlawful combatants.\"","numcomment":0,"fileurl":"\/uploads\/2002\/01\/united_sta.html","filesize":"8.1 kibibytes","article_url":"\/news\/2002\/01\/14211.php"},"attachments":[],"comments":[]}