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04 April 2003

Geneva Convention, Iraq War POW's Discussed on U.S Radio

(Different opinions presented on U.S. adherence to Geneva Convention.)
(700)
By Scott Bohlinger
Washington File Staff Writer
Washington -- A nationally syndicated radio show recently aired a
discussion on the Third Geneva Convention on treatment of prisoners of
war (POW's) and the convention's relation to human rights law. Topics
included the Guantánamo detainees, Iraq's treatment of coalition POWs,
and enforcement of the Convention.
The show featured Bob Goldman, a professor of law at American
University in Washington, and Gary Solis, a professor of "the law of
war" at Georgetown Law School in Washington and a retired Marine
colonel. Also on the show was Tom Malinowski, the head of Human Rights
Watch, a U.S. non-profit organization that monitors human rights and
the rule of law worldwide.
The panelists agreed on a range of subjects related to the Third
Geneva Convention. They concurred that prisoners of war are not penal
prisoners and therefore must be accorded certain basic rights by their
captors.
Concerning the responsibilities of belligerents toward civilians, the
panelists said none of the belligerent parties can intentionally
target or afflict them. Belligerents' responsibilities are equal and
must be carried out regardless of extraneous circumstances, such as
the initiator of hostilities or the behavior of another hostile party.
The debate over prisoners of war and how to treat them has flared up
in light of recent events in Iraq. The Iraqi government's televising
of interviews with U.S. POW's has become a major issue for the Bush
administration and has focused attention on U.S. treatment of
detainees from the Afghan campaign and the war on terrorism.
Many telephone callers to the radio program voiced concern over why
the United States had to obey the Geneva Convention standards, if the
Baghdad regime was going to flout them. Callers also questioned why
Iraq should be expected to abide by the conventions when it was the
country being invaded. Malinowski pointed out that the U.S. treatment
of detainees from Afghanistan has no bearing upon Iraq's treatment of
its POWs.
In the discussion of why all belligerents must enforce the convention,
the panelists said that a country that is attacked is obliged not to
dress its soldiers in civilian uniform or use human shields. They said
the duty not to target non-combatants does not just fall on the
aggressor.
Another point of discussion was the treatment of the detainees in
Guantánamo. Goldman pointed out that the administration justifies its
refusal to apply the convention standard to those detainees by
referring to them as "illegal combatants." In the administration's
view, the fighters held in Guantanamo were detained in circumstances
not covered by the convention.
Generating even more controversy was the discussion of "illegal
combatants" who are U.S. citizens denied access to attorneys and the
judicial process. Goldman said the Bush administration has taken that
position as a result of politically motivated recommendations by the
Justice Department. The Defense Department, Goldman continued, would
have handled the situation more professionally since it has lawyers
trained in areas like human rights law and the Geneva Convention.
Goldman mentioned that the International Committee of the Red Cross
(ICRC) is the ultimate arbiter and protector of the convention. He
said a key test of a government's compliance is whether it cooperates
in letting the ICRC inspect POWs. So far the United States has let
ICRC representatives into its bases in Kuwait, but the Iraqi
government has not permitted the ICRC to visit the prisoners it has
taken.
Even though the Iraqi government has a bad record on human rights,
Goldman pointed out that it has a strong incentive to take good care
of the American POW's, if for no other reason than to use them as
bargaining chips.
Malinowski summarized the purpose and content of the convention thus:
"Geneva doesn't forbid [war], it regulates it." He said many Americans
realize that following the Geneva Convention is not just a matter of
obeying international law but also of the United States' own
self-interest.
"The Treatment of POW's" was originally aired on 24 March on the
"Diane Rehm Show." An audio recording may be found at
http://www.wamu.org/dr/index.html.
(The Washington File is a product of the Office of International
Information Programs, U.S. Department of State. Web site:
http://usinfo.state.gov)