págª mantenida por Lorenzo Peña
Afganistán: Una página de ESPAÑA ROJA


(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:

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 .)

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