United States Refuses to Abide by Geneva Convention

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

Copyright 2002.  Partners for Civil Justice. Reprinted for fair use only. 

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