Fw: [ANSWER]: UNITED STATES REFUSES TO ABIDE BY GENEVA CONVENTION

["Nello Margiotta" <animarg at tin.it>]

From: "A.N.S.W.E.R." <answer.general at action-mail.org>
To: <answer.general at action-mail.org>
Sent: Saturday, January 19, 2002 3:50 PM
Subject: [ANSWER]: UNITED STATES REFUSES TO ABIDE BY GENEVA CONVENTION


 UNITED STATES REFUSES TO ABIDE BY GENEVA CONVENTION
 
 (A version of this statement with links to related 
 articles is available at http://www.civil-rights.net .)
 
 On January 11, 2002, the United States announced that it 
 was refusing to abide by the 1949 Geneva Convention on the 
 treatment of prisoners of war in its treatment and 
 internment of those taken prisoner in Afghanistan or 
 Pakistan by the United States. The Third Geneva 
Convention, which provides specific guidelines for 
 treatment of prisoner combatants, is a part of the "law of 
 nations" and is a mainstay of international humanitarian 
 law. The United States explained that the prisoners were 
 not actually prisoners of war, but were in fact "unlawful 
 combatants."
 
 The first prisoners arrived in the U.S. base at Guantanamo 
 Bay, Cuba on January 11, 2002. According to the Washington 
Post, prisoners were hooded and shackled during the 27 
 hour flight. The United States defended these practices as 
 appropriate security measures. Media on site in Cuba 
 reported that the prisoners were fitted with goggles that 
 were blacked out, for "security reasons" necessary to 
 prevent them from using their eyes. In a public letter to 
 Donald Rumsfeld , Amnesty International expressed concern 
 that the prisoners' conditions of transport violated 
 international norms.
 
The prisoners are being housed in outdoor 6 foot by 8 foot 
 open-air chain link cages, with concrete floors, wooden 
 roofs and containing a mat and a plastic bucket. The U.S. 
 demanded that media not show photographs of the prisoners 
 in these conditions, explaining that the photos would 
 deprive the prisoners of their rights under the Geneva 
 Convention. According to a Pentagon spokesperson, any 
 photographs of the prisoners in the United States imposed 
 conditions would be "humiliating" and "debasing." Several 
 outlets have not complied with the Pentagon's demand. The 
 Bush Administration's refusal to abide by the world's 
 humanitarian laws stands in stark contrast to the 
 justifications advanced for U.S. military actions. On 
 September 20, 2001, in a televised speech, George W. Bush 
justified the waging of war as necessary to defend the 
 values of "civilization" against "evil": "This is not, 
 however, just America's fight. And what is at stake is not 
just America's freedom. This is the world's fight. This is 
 civilization's fight. " On November 8, 2001, in his prime 
 time speech to the nation, President Bush declared the 
 bombing of Afghanistan to be "a war to save civilization 
 itself." Article 4 of the convention defines the 
 categories of persons who may be considered as "prisoners 
 of war." According to Article 5 , "should any doubt arise 
 as to whether persons, having committed a belligerent act 
 and having fallen into the hands of the enemy, belong to 
 any of the categories enumerated in Article 4, such 
 persons shall enjoy the protection of the present 
 Convention until such time as their status has been 
 determined by a competent tribunal." No competent tribunal 
 has adjudicated such matter. Among the provisions of the 
 Third Geneva Convention regarding humane treatment of 
 prisoners of war, that the U.S. is refusing to apply, are:
 
- Article 13:Humane treatment required; No reprisals 
 allowed - Article 14: Respect for persons and honour; No 
 gender discrimination - Article 16: No discrimination 
 based on race, nationality, religious belief or political 
 opinions
 - Article 17: No physical or mental torture; No coercion 
 to obtain information; Prisoners who decline to provide 
 information may not be threatened, insulted or exposed to 
 unpleasant or disadvantageous treatment
 - Article 18: Clothing, articles of personal use, to 
 remain with prisoners
 - Article 20: Evacuation or transfer to be under same 
 conditions as afforded Detaining Power - Article 21: 
 Internment in camp allowed; Close confinement prohibited
 - Article 22: Internment in penitentiaries prohibited; 
 Every guarantee of hygiene and healthfulness required
 - Article 25: Condition of quarters must be as favorable 
 for POWs as for the forces of the Detaining Power; 
 Accommodations for habits and customs of POWs required; 
 Protection from dampness, adequate heat and lighting 
 required
 - Article 26: Food must be in sufficient quantity, quality 
 and variety to maintain good health and weight
 - Article 27: Adequate clothing, underwear and footwear 
 required
 - Article 28: Canteens must be installed; Fairly priced 
 food, soap, tobacco and ordinary items must be stocked
 - Articles 29 - 32: Proper hygiene and medical attention, 
 including monthly health inspections, required
 - Articles 34 - 37: Prisoners must be afforded complete 
 latitude in the exercise of religion, including attendance 
 at services, on condition they comply with disciplinary 
 routine
 - Article 38: Provisions for physical, intellectual and 
 recreational activities
 - Article 70: Prisoners must be allowed to write to 
 family, others
 
 Issued by the Emergency Campaign to Defend Dissent and 
 Advance Civil Right, a project of the Partnership for 
 Civil Justice~LDEF. For more information, go to 
 http://www.Civil-Rights.net .
 
 The authors are members of the national steering committee 
 of the A.N.S.W.E.R. (Act Now to Stop War and End Racism) 
 Coalition. http://www.internationalanswer.org . (A version 
 of this statement with links to related articles is 
 available at http://www.civil-rights.net .)