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From: Action Center <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Friday, January 18, 2002 10:10 PM
Subject: [IAC] U.S. refuses to abide by Geneva Convention
UNITED STATES REFUSES TO ABIDE BY GENEVA CONVENTION
(A version of this statement with links to related
articles is available at http://www.civil-rights.net .)
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."
The first prisoners arrived in the U.S. base at Guantanamo
Bay, Cuba on January 11, 2002. According to the Washington
Post, prisoners were hooded and shackled during the 27
hour flight. The United States defended these practices as
appropriate security measures. Media on site in Cuba
reported that the prisoners were fitted with goggles that
were blacked out, for "security reasons" necessary to
prevent them from using their eyes. In a public letter to
Donald Rumsfeld , Amnesty International expressed concern
that the prisoners' conditions of transport violated
international norms.
The prisoners are being housed in outdoor 6 foot by 8 foot
open-air chain link cages, with concrete floors, wooden
roofs and containing a mat and a plastic bucket.
The U.S. demanded that media not show photographs of the
prisoners in these conditions, explaining that the photos
would deprive the prisoners of their rights under the
Geneva Convention. According to a Pentagon spokesperson,
any photographs of the prisoners in the United States
imposed conditions would be "humiliating" and "debasing."
Several outlets have not complied with the Pentagon's
demand.
The Bush Administration's refusal to abide by the world's
humanitarian laws stands in stark contrast to the
justifications advanced for U.S. military actions. On
September 20, 2001, in a televised speech, George W. Bush
justified the waging of war as necessary to defend the
values of "civilization" against "evil": "This is not,
however, just America's fight. And what is at stake is not
just America's freedom. This is the world's fight. This is
civilization's fight. " On November 8, 2001, in his prime
time speech to the nation, President Bush declared the
bombing of Afghanistan to be "a war to save civilization
itself."
Article 4 of the convention defines the categories of
persons who may be considered as "prisoners of war."
According to Article 5 , "should any doubt arise as to
whether persons, having committed a belligerent act and
having fallen into the hands of the enemy, belong to any
of the categories enumerated in Article 4, such persons
shall enjoy the protection of the present Convention until
such time as their status has been determined by a
competent tribunal." No competent tribunal has adjudicated
> such matter.
Among the provisions of the Third Geneva Convention
regarding humane treatment of prisoners of war, that the
U.S. is refusing to apply, are:
- Article 13:Humane treatment required; No reprisals
allowed
- Article 14: Respect for persons and honour; No gender
discrimination
- Article 16: No discrimination based on race,
nationality, religious belief or political opinions
- Article 17: No physical or mental torture; No coercion
to obtain information; Prisoners who decline to provide
information may not be threatened, insulted or exposed to
unpleasant or disadvantageous treatment
- Article 18: Clothing, articles of personal use, to
remain with prisoners
- Article 20: Evacuation or transfer to be under same
conditions as afforded Detaining Power
- Article 21: Internment in camp allowed; Close
confinement prohibited
- Article 22: Internment in penitentiaries prohibited;
Every guarantee of hygiene and healthfulness required
- Article 25: Condition of quarters must be as favorable
for POWs as for the forces of the Detaining Power;
Accommodations for habits and customs of POWs required;
> Protection from dampness, adequate heat and lighting
required
- Article 26: Food must be in sufficient quantity, quality
and variety to maintain good health and weight
- Article 27: Adequate clothing, underwear and footwear
required
- Article 28: Canteens must be installed; Fairly priced
food, soap, tobacco and ordinary items must be stocked
- Articles 29 - 32: Proper hygiene and medical attention,
including monthly health inspections, required
- Articles 34 - 37: Prisoners must be afforded complete
latitude in the exercise of religion, including attendance
at services, on condition they comply with disciplinary
> routine
- Article 38: Provisions for physical, intellectual and
recreational activities
- Article 70: Prisoners must be allowed to write to
family, others
Issued by the Emergency Campaign to Defend Dissent and
Advance Civil Right, a project of the Partnership for
Civil Justice~LDEF. For more information, go to
http://www.Civil-Rights.net .
The authors are members of the national steering committee
of the A.N.S.W.E.R. (Act Now to Stop War and End Racism)
Coalition. http://www.internationalanswer.org .
(A version of this statement with links to related
articles is available at http://www.civil-rights.net .)
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