By Matt Schofield. Kansas City Star Editorial Board columnist
The United States continues to violate the Geneva Conventions at the Guantanamo Bay detention facility.
That’s the verdict of a new report by a British group that’s been studying the detention center almost from its establishment as a terror prison. The report was a response to a Pentagon report saying the conventions were being met, though suggesting detainees be given more religious freedom and social interaction.
The British group, Reprieve is admittedly anti-Guantanamo. But they come to their aversion honestly:
Reprieve is a human rights and legal advocacy group and they’ve studied Guantanamo closely. They work to get people out of there. They work with released detainees.
Their report offers several very solid reasons why this nation shouldn’t continue to hold terror suspects on foreign soil.
In fact, this report is a strong case for moving Gitmo detainees to either Ft. Leavenworth or Michigan, the two potential replacement sites leaked by the Obama administration recently.
America has too much to lose by keeping Guantanamo open. Worldwide, it stands for much that the American ideal rejects. It stands against the rule of law, human rights, and individual freedoms. The most valuable asset in the American quiver worldwide has long been its standing, on moral high ground, as a beacon for freedom.
The report notes that prisoners of war can’t be held in close confinement, except where it is essential to their health. Detainees, under the code, must be “treated at least as favorably as the U.S. military personnel who are guarding them."
But Gitmo isn't set up as a classic POW camp as much as a criminal prison. The group states the very nature of Gitmo violates the conventions.
The conventions demand prisoners of faith be allowed “complete latitude in the exercise of their religious duties, including attendance at the service of their faith…”
But there is no group worship for many at Gitmo.
It adds, quoting the convention, “Prisoners of war shall be allowed to receive by post or by any other means individual parcels or collective shipments containing, in particular foodstuffs, clothing, medical supplies and articles of religious, educational or recreational character which may meet their needs.”
And that’s not happening at Gitmo.
And then it gets into physical and mental abuse, or torture. These are completely off limits regarding prisoners of war.
The report, while from a biased source, is right in many regards. Its answer to solving these problems include the “closure of close confinement camps 5, 6 and 7.”
I’ll go a step further, the solution is to close Guantanamo, period, just as President Obama’s executive order recommends on January 22.
Guantanamo is simply a problem. A huge part of that the United States still doesn’t really know who they’re detaining. Are they prisoners of war, as classified? Well, if they are, the Geneva Convention has to be observed.
But they’re not. The war cited isn’t a war, but a movement, a War on Terror.
The rest of the world doesn’t agree with the POW classification.
Of the more than 750 originally detained there, few were captured involved actively in actions against the U.S. How many were arrested on actual battlefields? Not many, as this war, the war on terror, doesn’t really have battlefields.
The fact is, they’re not prisoners of war, and this country has never really seen them as such. They’re criminals.
What the U.S. alleges in regards to these detainees is that they’ve committed crimes against America. Or that they intend to commit crimes against America.
The first group needs to be tried on American soil, for their crimes. We don’t need an extra-national prison. The Obama plan, for a single prison, complete with an inside the prison court setup, would be much more efficient.
The second classification, however, doesn’t work with any detention status. In the end, they’re the reason Gitmo exists. The United States wants to hold them, but has no evidence of crimes.
But Gitmo does too much damage to America’s standing in the world to justify keeping it open. It colors every action the U.S. takes, takes away any moral high ground the country might hope to occupy.
The answer for this group of about 100 deemed too dangerous to release, is that Congress has to pass laws allowing their detention. It’s a tricky area. There is no such thing as pro-active law enforcement. These men weren’t caught doing anything, or even planning to do anything.
Experts believe Congress can justify a new form of criminal law, however, in the interests of national security. That needs to be done.
Because, this report, and previous studies, and a good look at world opinion, show the damage to America’s global reputation makes closing Gitmo essential. We’ve got too much lose, especially in a global economy.
Close Gitmo and bring these prisoners back onto American soil.









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سوق المرأة مستعمل فلل للبيع ارض للبيع سوق فله للبيع شقه للبيع تأشيره للبيع تأشيرات للبيع فيز للبيع مخططات لكزس كامري سياره للبيع سيارات للبيع فورد كورولا جيب لوحه مميزه لوحات مميزه للبيع رقم مميز رقم مميز للبيع ارقام مميزه لوحه للبيع ارقام للبيع جوالات للبيع جوال للبيع نوكيا سوا الرقم الخاص رقم شحن رقم عام ارقام شحن ارقام عامه عطور مكياج ادوات تجميل مجوهرات العاب الزوجيه كمبيوتر للبيع لاب توب للبيع موقع للبيع ايميل للبيع محمول للبيع مودم للبيع كونكت للبيع وظيفه وظائف توظيف فرص وظيفيه
applicability of the Geneva Conventions
Congress gave the green light to the military action in Afghanistan, and President Bush referred to the action as war. Some prisoners were picked up on the battlefield and mixed with prisoners not on the battlefield. Moreover, both General Tommy Franks (in regard to Afghanistan) and the original commandant at Guantanamo informed subordinates that the Geneva Conventions applied to their action.
So the applicability of the Geneva Conventions was established by mid-2002. What happened is that Bush rescinded the applicability of the Geneva Conventions on grounds that are in dispute and indeed have been successfully challenged in several court decisions.
Moreover. some of the prisoners at Guantanamo are not terrorists and were deemed eligible for release by Bush, pending transfer to a country other than their home countries, where they might be tortured upon arrival (as some have). Those who are wrongly imprisoned are covered by the International Covenant on Civil and Political Rights, which has guarantees equivalent to the Geneva Conventions.
Unfortunately, these facts are not being highlighted in current press reports, giving rise to the confusion that several commentators exhibit.
Pentagon defiance
Reprieve must be aware of my report that the Pentagon has actually defied Obama. President Obama issued an executive order to bring Guantanamo into full compliance with the Geneva Conventions and asked for a report on the status of compliance within 30 days of the executive order. The resulting report was only based on Article 3 of the Third Geneva Convention. Hundreds of articles were deliberately ignored. See "Pentagon Defies Obama" on the website www.USwarcrimes.com
Geneva Conventions applied are problematic
Matt-
Know you have reported on Guantanamo for awhile and have been recognized for your efforts. I commend you for your work and I also acknowledge the administration's efforts to close Guantanamo. While I applaud the intent, I have to question a few of the thoughts in this article.
First, and most importantly, the Geneva Conventions originally were intended to apply to uniformed soldiers of a nation-state that were no longer engaged in fighting. The problem I see with applying them to Gitmo prisoners is that none of them are members of a nation's army and many- if not all- are not finished fighting.
Because of this, I would advocate Congress (and eventually the UN and/or a treaty organization) should pass a new law to dictate how to deal with prisoners who are terrorists and will never stop fighting and who were captured in a war-zone area which makes traditional evidence collection hard- if not impossible. Obviously (to those involved in this fight), these guys aren't criminals and they aren't soldiers. There must be a different system and process with which to treat them.
Second, I have to question the "honesty" of the group you reference. They are in the business of freeing prisoners- and even helping convicted prisoners get lighter sentences. You can't possibly expect them to be objective- can you?
Third, I fail to see the logic behind moving the Gitmo detainees to the U.S. naturally leading to better relations around the world. It is a nice theory- but it is a theory only- and would be very hard to prove. Most likely those who don't work with us now (because of pragmatic and domestic reasons) will find other reasons to work against us- even after we move them. While I am not saying I'm against moving them- I am suggesting that we shouldn't rose-color the effects of us moving them.
Lastly- I find it almost laughable that the violations the report notes are related to not allowing the prisoners to worship in groups and not allowing them to receive parcels. These are not "grave breaches" of the Conventions- if breaches at all- and some would argue that there are reasons to breach those conventions. Indeed, there are prisoners in the U.S. who, for whatever reason are not allowed the same- moving them here and/or classifying them as criminals probably won't change that- nor naturally should it.
Again, I'm not saying I'm against moving the prisoners out of Gitmo. All I am saying is that we shouldn't hype supposed violations to be more than they should be and we shouldn't think that the world will love us if we just move them to the U.S. Precisely because we could mess things up even more by moving them here is probably why things haven't been ironed out yet. Patience is, in some areas of the world, recognized as a virtue.
And finally- I think it is high time we look at codifying how to treat people captured that don't behave like criminals or soldiers.
- Grant
The Terrorist have
The Terrorist have deliberately planned to be a non-government organization (NGO's). No uniforms,no rank, no ID or papers, so they fall threw the cracks of the Geneva Convention.
Because a War On Terrorism was declared 9/18/2001 Public Law No: 107-40, the USA is treating these Terrorist as POW's under the Geneva Convention. Who we can hold until the War is over. Whenever that is. Congress could vote and declare the war over I guess.
If they were regular criminals then Habeas Corpus applies an a writ requiring a person under arrest to be brought before a judge or into court, esp. to secure the person's release unless lawful grounds are shown for their detention.
Bad start
"The United States continues to violate the Geneva Conventions at the Guantanamo Bay detention facility."
The first sentence of this piece is wrong. The Geneva Conventions do not apply to the terrorists held at Gitmo.