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June 18, 2004
The Geneva Convention and Guantanamo Bay
We hear a lot these days about the "Geneva Convention", with arguments flying back and forth about how they do or do not apply in this or that situation. I thought it might be useful to do a bit of research on what the convention actually says.
The full title is "Geneva Convention relative to the Treatment of Prisoners of War". It was adopted in 1949 and entered into force in 1950.
The allegation is that the U.S. is not obeying the Geneva Convention with regard to our treatment of the prisoners at Guantanamo Bay and in Iraq. We call the prisoners there "detainees" and "illegal combatants", which annoys the liberals considerably. So what does the convention actually say about this?
Article 4, Section A2 provides that:
Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfill the following conditions:
(a) That of being commanded by a person responsible for his subordinates;
(b) That of having a fixed distinctive sign recognizable at a distance;
(c) That of carrying arms openly;
(d) That of conducting their operations in accordance with the laws and customs of war.
For a "militia or volunteer corps" to qualify for protection under the Geneva Convention, its members must adhere to all four of the above conditions. This is why those prisoners detained at Guantanamo Bay are in fact properly called "illegal combatants".
If combatants adhere to these provisions they are rewarded by decent treatment if captured. We've all seen the World War II movies which feature German prisoner-of-war camps. The Germans treated our people fairly well, unless you were Jewish or tried to escape. Likewise, the U.S. went to great lengths to ensure that captured Germans enjoyed treatment that sometimes even exceeded that required by the convention.
It is also important to remember that the treaty is a two-way street. It basically sets up a reward system for good behavior. "If you play according to the rules, then if you are captured we'll treat you well." The reverse is also true: if you don't play according to the rules, all bets are off. This is the reason why spies can be shot. Even military personnel, if caught out of uniform, count as spies.
Some people, like Al Gore and Joseph Biden, say that we should still grant Geneva Convention protections to insurgents and Al Qaeda terrorists. This is sort of like rewarding your child with dessert even if he doesn't eat the main course. Or like starting a meeting late because a few people can't make it on time; doing so punishes those who show up on time and incents people to show up late. If we follow the Gore/Biden suggestions (demands, really), they we would be encouraging our opponents to adopt terrorist tactics. As if we don't have enough trouble as it is.
At Abu Ghaib we may be in violation of Article 3 (1)(c) which states that "Outrages upon personal dignity, in particular, humiliating and degrading treatment;" The difference, which those on the left are perpetually blind to, is that we will prosecute our own, and our offenses are infinitely smaller than those of the terrorists or many other nations.
A summary of the provisions of the convention can be found on Wikopedia here.
Posted by Tom at June 18, 2004 11:25 AM
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