----- Original Message ----- From: "Richard Crawford" <[EMAIL PROTECTED]> To: "Brin-L" <[EMAIL PROTECTED]> Sent: Friday, January 11, 2002 5:55 PM Subject: Re: Treatment Of Prisoners (was RE: Tragedy in Israel)
> I have also not seen any indication that the prisoners are being > tortured or treated in a manner which violates any sort of international > law. What is confusing to me is the Secretary of Defense's > wordsmithing. If we are at war, then aren't the people we're fighting > technically at war with us as well? > They are. In the common sense of the words, the AQ prisoners are prisoners of war, since they were captured in war. But, if you look at the Geneva convention, which Jerone conveniently provided a link to you will find the provision: Article 4 A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy: 1. Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces. 2. 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, fulfil 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. 3. Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power. 4. Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model. 5. Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law. 6. Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war. #2 is of particular interest. The attack on the WTC violated several of the provisions under 2. Thus, for the sake of the Geneva Convention, they are not legally prisoners of war, even though we are fighting a war. That is the legal sense that the S of D uses. Dan M.
