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Tuesday, April 01, 2003

“Does the US support the Geneva Convention or doesn’t it?” by George Monbiotfrom

;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 ear phones. 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). (Source Link)

Well, unfortunately the article fails to point out that the 1949 Geneva Convention has never really been interpreted in the courts yet. Hence, there are many widely differing interpretations by commentators as to what some of its provisions actually mean.
However the history of the provisions in the 1949 treaties on displaying POWS, subjecting them to humiliating public treatment, public mistreatment etc. is however well known, they were specifically included in the 1949 treaties because of a number of incidents during WWII when captured allied flyers were paraded around by German and Japanese authorities and then were allowed to be lynched by angry mobs.
The spectacle shown recently on TV of mobs on a bridge in Baghdad shooting into the water and setting the brush on fire to try and kill bailed out pilots (fortunately non-existent) was exactly the situation that the treaty provision was designed to prevent or punish, a similar violation was the parading of captured American pilots in Hanoi streets during the Vietnam War.
We may well see some court interpretations of the treaties soon, there is little doubt that many of the Iraqi leadership who manage to survive this present war will find themselves before an American War Crimes tribunal, on trial not only for crimes committed in this war, but the previous war and general crimes against humanity. Some websites for further study: Reference Guide to the Geneva Conventions
http://www.globalissuesgroup.com/geneva/ International Red Cross
http://www.icrc.org/eng Indict
http://www.indict.org.uk/index.php

Another excellent site: http://news.findlaw.com/legalnews/lit/iraq/laws.html

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