Grant Detainees POW Status

The current military detention of Taliban and al Qaeda prisoners in a camp at Guantanamo Bay, Cuba has raised a number of questions concerning the American government’s commitment to preserving the civil rights of Afghani detainees. Secretary of Defense Donald H. Rumsfeld made a less-than-reassuring statement that the Pentagon intends to “for the most part, treat them in a manner that is reasonably consistent with the Geneva conventions, to the extent they are appropriate.” More certainty than this is needed. The U.S. must commit to treating the prisoners of this war on terrorism in a manner consistent with established international standards.

The war in Afghanistan is a different kind of conflict than was envisioned in the 1949 Geneva Conventions. In this non-traditional “war on terrorism,” the somewhat antiquated definition of “prisoner of war” should be liberally interpreted. Though al Qaeda fighters do not automatically gain prisoner of war status under the standards of the convention, the United States should officially recognize them as POWs and treat them accordingly. The United States cannot decide to abide by international standards of humane treatment on an ad hoc basis.

Treating these detainees in the same manner as prisoners of war would not exempt them from being prosecuted for crimes committed outside the laws of war. Any Taliban fighters—who are even more clearly members of an organized fighting force—connected to atrocities perpetrated against the Afghani people or elsewhere should be tried for crimes against humanity by an international tribunal. Any al Qaeda prisoners—as well as al Qaeda members arrested anywhere in the world—who are connected to terrorist actions should be tried in civilian courts for their actions.

Terrorists who have killed or conspired to kill innocent citizens should be brought to justice. However, the rights guaranteed by the American judicial system, including the right to appeal and the presumption of innocence, must be extended to those accused. The federal justice system is well equipped to try these cases, and denying due process to accused al Qaeda members complicates our attempts to forge an international coalition against terrorism.

Before the U.S. considers prosecution, the government must establish an acceptable level of treatment during detention. A number of human rights organizations have raised further objections to the treatment of the detainees in transit from Afghanistan. The military should be able to take reasonable actions to prevent the prisoners from hurting themselves or others. The decision to shackle the prisoners and conceal their faces so as to keep them from communicating was justified, given that several prisoners have continued to threaten to kill Americans.

Allowing Red Cross officials to visit the Cuban camps will do much to ensure appropriate living conditions as well as to maintain world opinion in our favor, an important asset in the campaign against terrorism. The outdoor six- by eight-foot wire cages are acceptable as a temporary measure, and a permanent indoor facility is currently under construction. In the meantime, however, adequate sanitary conditions must be maintained in the outdoor cages, and the standards of treatment of prisoners afforded by the Geneva conventions should be fully implemented.

However, the U.S. military must take care not to overstep these bounds. For instance, the International Committee of the Red Cross plans to investigate the armed forces’ decision to shave prisoners’ heads and beards, ostensibly to prevent the spread of head lice. The unnecessary shaving of prisoners whose particular religious beliefs forbade it would imply a severe lack of respect for international norms.

If the United States refuses to set an example of humane and appropriate treatment, ensuring the proper legal protections and living conditions for its prisoners, we will lose our credibility at home and abroad. Without faith in the rightness of our cause, we are an even more vulnerable nation.

Dissent: Prisoners Are Murderers, Not Soldiers

Though the staff is right to say that al Qaeda prisoners should be treated humanely, it is wrong to call on the United States to officially recognize captured al Qaeda members as “prisoners of war.” Al Qaeda members do not carry arms openly, nor do they wear a fixed, distinctive sign recognizable from a distance—such as a uniform. They therefore do not qualify as prisoners of war under the standards of the Geneva Conventions of 1949.

Al Qaeda is a terrorist organization that explicitly targets civilians. Its members are mass murderers, not soldiers. To call them “prisoners of war” is a disgrace to that term.

—David M. DeBartolo ’03