One Rule For Them ...
Suddenly, the government of the United States has discovered the virtues of international law. It may be waging an illegal war against a sovereign state; it may be seeking to destroy every treaty which impedes its attempts to run the world, but when five of its captured soldiers were paraded in front of the Iraqi television cameras on Sunday, Donald Rumsfeld, the US defense secretary, immediately complained that "it is against the Geneva convention to show photographs of prisoners of war in a manner that is humiliating for them."
He is, of course, quite right. Article 13 of the third convention, concerning the treatment of prisoners, insists that they "must at all times be protected... against insults and public curiosity." This may number among the less heinous of the possible infringements of the laws of war, but the conventions, ratified by Iraq in 1956, are non-negotiable. If you break them, you should expect to be prosecuted for war crimes.
This being so, Rumsfeld had better watch his back. For this enthusiastic convert to the cause of legal warfare is, as head of the defense department, responsible for a series of crimes sufficient, were he ever to be tried, to put him away for the rest of his natural life.
His prison camp in Guantanamo Bay, in Cuba, where 641 men (nine of whom are British citizens) are held, breaches no fewer than 15 articles of the third convention. The US government broke the first of these (Article 13) as soon as the prisoners arrived, by displaying them, just as the Iraqis have done, on television.
In this case, however, they were not encouraged to address the cameras. They were kneeling on the ground, hands tied behind their backs, wearing blacked-out goggles and earphones. In breach of Article 18, they had been stripped of their own clothes and deprived of their possessions. They were then interned in a penitentiary (against Article 22), where they were denied proper mess facilities (26), canteens (28), religious premises (34), opportunities for physical exercise (38), access to the text of the convention (41), freedom to write to their families (70 and 71) and parcels of food and books (72).
They were not "released and repatriated without delay after the cessation of active hostilities" (Article 118), because, the US authorities say, their interrogation might, one day, reveal interesting information about al-Qaida. Article 17 rules that captives are obliged to give only their name, rank, number and date of birth. No "coercion may be inflicted on prisoners of war to secure from them information of any kind whatever."
In the hope of breaking them, however, the authorities have confined them to solitary cells and subjected them to what is now known as "torture lite": sleep deprivation and constant exposure to bright light. Unsurprisingly, several of the prisoners have sought to kill themselves, by smashing their heads against the walls or trying to slash their wrists with plastic cutlery.
The US government claims that these men are not subject to the Geneva conventions, as they are not "prisoners of war," but "unlawful combatants." The same claim could be made, with rather more justice, by the Iraqis holding the US soldiers who illegally invaded their country. But this redefinition is itself a breach of Article 4 of the third convention, under which people detained as suspected members of a militia (the Taliban) or a volunteer corps (al-Qaeda) must be regarded as prisoners of war.
Even if there is doubt about how such people should be classified, Article 5 insists that they "shall enjoy the protection of the present convention until such time as their status has been determined by a competent tribunal."
But when, earlier this month, lawyers representing 16 of them demanded a court hearing, the US court of appeals ruled that as Guantanamo Bay is not sovereign US territory, the men have no constitutional rights. Many of these prisoners appear to have been working in Afghanistan as teachers, engineers or aid workers. If the US government either tried or released them, its embarrassing lack of evidence would be brought to light.
A longer version of this article appeared in the March 25 edition of the Guardian (UK).