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AP. 26 January 2002. U.S. Divided Over Geneva Convention.

WASHINGTON -- Bush administration lawyers are divided over whether the
Geneva Conventions apply to hundreds of detained members of the al-Qaida
terrorist network and the former Taliban regime in Afghanistan, a senior
State Department official said Saturday.

But all sides do agree that the al-Qaida and Taliban fighters in U.S.
custody in Cuba and elsewhere are not prisoners of war, said the
official, who commented on condition of anonymity.

The issue probably will be settled at a White House meeting next week as
all sides attempt to agree on a unified U.S. position, the official
said.

"The consensus of opinion is that the Taliban and al-Qaida fighters are
not POWs," Sean McCormick, spokesman for the National Security Council,
said Saturday.

The State Department traditionally seeks to have the Geneva Conventions
apply to detentions because it is likely to improve the prospects for
decent treatment for Americans held abroad.

The effect of this position in the current case would ensure such humane
treatment for the detainees even though they are not considered POWs
under the convention.

President Bush has decided that the detainees are not entitled to the
protections of the Geneva Conventions -- which rule out trial by
military tribunal -- because they are terrorists, not uniformed members
of a national military.

Human rights groups and some European officials have criticized living
conditions accorded more than 150 detainees held in outdoor enclosures
at the U.S. Naval base at Guantanamo Bay, Cuba.

Vice President Dick Cheney said Friday that the detainees are "really
bad people" who don't qualify as prisoners of war under the Geneva
Conventions.

"Nobody should feel defensive or unhappy about the quality of treatment
they've received," he said. "It's probably better than they deserve."


. . . . . . . . . . . . . . . . . . . . . . .

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

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