At 10:25 AM 1/15/2002 -0800, Jeffrey wrote: > > I have not, however, discovered anything indicating that it would not be > > possible for detainees or their legal representatives to protest the > > specific conditions of their confinement. > >It was reported in a few places that the non-US soil/lack of >representation was a consideration, as well as the fact that they'd be >out of the spotlight of the US media. I can't find a specific >reference, most likely because I heard it on the BBC. :/ ..but I did >come across it before hearing it from Jeroen > > > Additionally, a Pentagon > > spokeperson stated today that prisoners are being given, each day, 3 > > "culturally appropriate meals", health care, exercise, and I've also read > > that each prisoner will be given a copy of the Koran and a prayer mat. > > While they're certainly not in the lap of luxury, they are also not subject > > to what I would describe as human rights violations. > >I suppose not, but on the other hand, the media and Red Cross/Crecent >aren't being allowed to speak with or see the prisoners, it was floated >by the US administration that several prisoners were drugged during the >flight.. sure, its not getting whipped about the head, but its still not >Geneva Convention valid. > >Speaking of which, I wish they'd make up their minds - we're either at >war and they're POWs or we're not and they're not.
Being "at war" does not make captured Al Queda fighters automatically POWs. The classification depends on whether or not they meet the criteria outlined in the 1949 Geneva Convention relative to the Treatment of Prisoners of War: "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. " None of the Al Queda fighters meet this criteria. That is not to say that the United States may choose to apply the protections of the 1949 Geneva Convention to them, the operative word being choose. john
