"Article 22
Prisoners of war may be interned only in premises located on land and
affording every guarantee of hygiene and healthfulness. Except in
particular cases which are justified by the interest of the prisoners
themselves, *they shall not be interned in penitentiaries*."
The articles also define who are to be covered by the conventions,
and the Iraqi prisons are covered under no uncertain terms. Article
45 of the "Protocol Additional to the Geneva Conventions of 12 August
1949, and relating to the Protection of Victims of International
Armed Conflicts (Protocol 1)":-
"Article 45.-Protection of persons who have taken part in hostilities
1. A person who takes part in hostilities and falls into the power of
an adverse Party shall be presumed to be a prisoner of war, and
therefore shall be protected by the Third Convention, if he claims
the status of prisoner of war, or if he appears to be entitled to
such status, or if the Party on which he depends claims such status
on his behalf by notification to the detaining Power or to the
Protecting Power. Should any doubt arise as to whether any such
person is entitled to the status of prisoner of war, he shall
continue to have such status and, therefore, to be protected by the
Third Convention and this Protocol until such time as his status has
been determined by a competent tribunal.
2. If a person who has fallen into the power of an adverse Party is
not held as a prisoner of war and is to be tried by that Party for an
offence arising out of the hostilities, he shall have the right to
assert his entitlement to prisoner-of-war status before a judicial
tribunal and to have that question adjudicated. Whenever possible
under the applicable procedure, this adjudication shall occur before
the trial for the offence. The representatives of the Protecting
Power shall be entitled to attend the proceedings in which that
question is adjudicated, unless, exceptionally, the proceedings are
held in camera in the interest of State security. In such a case the
detaining Power shall advise the Protecting Power accordingly.
3. Any person who has taken part in hostilities, who is not entitled
to prisoner-of-war status and who does not benefit from more
favourable treatment in accordance with the Fourth Convention shall
have the right at all times to the protection of Article 75 of this
Protocol. In occupied territory, an such person, unless he is held as
a spy, shall also be entitled, notwithstanding Article 5 of the
Fourth Convention, to his rights of communication under that
Convention."
(http://www.unhchr.ch/html/menu3/b/93.htm)
--
Larry C. Lyons
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Life is Complex. It has both real and imaginary parts.
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Chaos, Panic and Disorder. My work here is done.
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