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Five PoWs are mistreated in Iraq and the US cries foul. What about Guantanamo Bay?
(George Monbiot, The Guardian, March 25, 2003)
Suddenly, the government of the United States has discovered the virtues of international law. It may be waging an illegal war against a sovereign state; it may be seeking to destroy every treaty which impedes its attempts to run the world, but when five of its captured soldiers were paraded in front of the Iraqi television cameras on Sunday, Donald Rumsfeld, the US defence secretary, immediately complained that "it is against the Geneva convention to show photographs of prisoners of war in a manner that is humiliating for them". . . . He is, of course, quite right. Article 13 of the third convention, concerning the treatment of prisoners, insists that they "must at all times be protected... against insults and public curiosity". . . . Rumsfeld had better watch his back. For this enthusiastic convert to the cause of legal warfare is, as head of the defence department, responsible for a series of crimes sufficient, were he ever to be tried, to put him away for the rest of his natural life. . . . 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. . . . The US government claims that these men are not subject to the Geneva conventions, as they are not "prisoners of war", but "unlawful combatants". The same claim could be made, with rather more justice, by the Iraqis holding the US soldiers who illegally invaded their country. But this redefinition is itself a breach of article 4 of the third convention, under which people detained as suspected members of a militia (the Taliban) or a volunteer corps (al-Qaida) must be regarded as prisoners of war. . . . Many of these prisoners appear to have been working in Afghanistan as teachers, engineers or aid workers. If the US government either tried or released them, its embarrassing lack of evidence would be brought to light. . . . On November 21 2001, around 8,000 Taliban soldiers and Pashtun civilians surrendered at Konduz to the Northern Alliance commander, General Abdul Rashid Dostum. Many of them have never been seen again. . . . The prisoners, many of whom were dying of thirst and asphyxiation, started banging on the sides of the trucks. Dostum's men stopped the convoy and machine-gunned the containers. When they arrived at Sheberghan, most of the captives were dead. . . . The US special forces running the prison watched the bodies being unloaded. They instructed Dostum's men to "get rid of them before satellite pictures can be taken". . . . Many of the survivors were loaded back in the containers with the corpses, then driven to a place in the desert called Dasht-i-Leili. In the presence of up to 40 US special forces, the living and the dead were dumped into ditches. Anyone who moved was shot. The German newspaper Die Zeit investigated the claims and concluded that: "No one doubted that the Americans had taken part. Even at higher levels there are no doubts on this issue." The US group Physicians for Human Rights visited the places identified by Doran's witnesses and found they "all... contained human remains consistent with their designation as possible grave sites". . . . It is not hard, therefore, to see why the US government fought first to prevent the establishment of the international criminal court, and then to ensure that its own citizens are not subject to its jurisdiction. The five soldiers dragged in front of the cameras yesterday should thank their lucky stars that they are prisoners not of the American forces fighting for civilisation, but of the "barbaric and inhuman" Iraqis.

posted by LoZo 2:09 PM