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Treatment of POWS: Whose to Blame?

Lisa English of Ruminate This is really angry at Bush at the fate of the detainees:
If one follicle is touched on the head of any American service personnel in captivity, we can blame the new war policies of our terrorist president, George Bush. It's really not a hard one to figure out, and so one begins to wonder about the collective sanity of this administration. Is it mental illness or just another case of stunning neoconservative hubris? You decide. Since when is this Administration so damn concerned about adhering to the tenets of the Geneva Convention?
We've written about the U.S. and torture of Al Qaeda captives several times--take a look at of there's our prior post, Torture Lite. Or these, about torture and homicides at Bagram Air Base which is under U.S. military control.

Yes, we know the difference according to the Administration between enemy combatants and prisoners of war. The Administration argues that Al Qaeda members don't qualify because they don't have these qualifications: (1) being under a responsible command; (2) having a fixed distinctive sign recognizable at a distance; (3) carrying arms openly; and (4) conducting their operations in accordance with the laws and customs of war. At times they have included the qualification of wearing a military uniform. Back last February, Bush said the Taliban and Al Qaeda were enemy combatants. After a lot of heat, he revised his position to recognize that Taliban soldiers were entitled to POW protections but not Al Qaeda. This Administration has been making up the rules as it goes along and refuses to concede that enemy combatants are entitled to judicial review of its decision.

"Article 5 of the Third Geneva Convention states that if there is "any doubt" as to whether captured combatants should be recognized as POWs, "such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal." In other words, if doubt exists, the status of each detainee must be determined individually, not by a blanket decision of the President."

"Even if not technically prisoners of war, al Qaeda and Taliban captives still qualify for "humane treatment" under the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, a resolution adopted by the United Nations General Assembly in 1988."

We believe in treating all prisoners as human beings and with dignity. As we said here, "If we treat the citizens of other countries this way, why won't these other countries retaliate with similar or harsher treatment when they capture members of our military?" Don't we reap what we sow?

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