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Reuters. 28 November 2001. Geneva Conventions Apply Even in Afghanistan
- ICRC.

GENEVA -- The Red Cross stressed Friday that the Geneva Conventions must
apply even in Afghanistan, awash with reports of massacres of prisoners.

The Conventions, drawn up in the aftermath of World War Two to protect
civilians and guarantee the rights of soldiers who surrender, mainly
deal with international conflicts involving two or more states, rather
than civil wars like Afghanistan's.

But article three in all four Conventions -- the other two cover
treatment of those wounded in war on both land and sea -- lays down a
minimum code of conduct for all states which signed the 1949 treaties.

Afghanistan ratified them in 1956.

Among actions ruled as unacceptable in any war are summary executions,
murder and torture.

"Article three applies to anybody -- the Northern Alliance, the Taliban,
al Qaeda, anybody fighting in the territory," said Catherine Deman,
legal adviser to the legal division of the International Committee of
the Red Cross (ICRC).

As the Northern Alliance, backed by U.S. air power, continues to advance
against the former ruling Taliban, there have been mounting allegations
of abuses, including the summary executions of prisoners.

The human rights group Amnesty International called on Wednesday for an
inquiry into the killings of hundreds in northern Afghanistan after a
rebellion of Taliban prisoners. ICRC officials in Kabul said they were
in talks about helping bury the dead.

Friday, a senior anti-Taliban commander in southern Afghanistan said his
forces had executed 160 Taliban troops last week. U.S. military
officials witnessed the killings, which were carried out by machinegun,
he added.

The Swiss-based ICRC refuses to comment on individual incidents,
preferring to use its influence behind the scenes. But shootings such as
that confessed to by the commander would constitute a clear violation of
article three.

While the Conventions run to several pages, going into detail, for
example, on what food prisoners of war should get, article three offers
basic rules on what is forbidden in warfare.

It states that murder, cruelty and torture, the taking of hostages and
"outrages" against personal dignity in the form of particularly
humiliating and degrading treatment, are prohibited.

Any combatant laying down his arms should be treated ''humanely." It is
forbidden to execute anyone without a trial that gives all the
"guarantees recognized by civilized peoples."

"It is the same in the Afghan mountains as it would be in Rwanda, Iraq
or anywhere else. Article three is the minimum standard," Deman told
Reuters in an interview.

For the United States, which has put troops on the ground in Afghanistan
some seven weeks after launching a fierce aerial bombing campaign, the
bar was set higher, she said.

Washington was morally obliged to abide by the full terms of the
Conventions even though it was possible to make a legal argument for
them not being completely applicable.

The legal position is obscured by the fact the Taliban were never
recognized by most countries as a rightful government and have lost
control of most of Afghanistan.

"We say -- respect them anyway regardless of the exact legal status,"
she said.

American officials have said they would rather see bin Laden dead than
taken alive.

But article three bars the United States from ordering him killed, Deman
said.

"If somebody refuses to surrender, then he remains a military target.
But if it is an unconditional surrender, it has to be accepted,"she
said.


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Barry Stoller
http://groups.yahoo.com/group/ProletarianNews

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