The U.S. is in a precarious
situation right now: We have these 158 men locked away for
safe keeping at the U.S. Naval Base in Guantanamo Bay,
Cuba. Those men, as you probably know, are captured al-Qaeda
members and Taliban fighters. The problem comes in with
some sensitive people wanting to fight for the “human
rights" of these 158 men, if you wish to call them
that.
Here’s the tricky question the U.S. faces: Are the 158
men being held “prisoners of war," or are they
detainees, as the Bush Administration argues? I’m not
going to make the determination, and neither are you,
directly. This column isn’t about what the legal status
of those being held in Cuba. Rather, I will share some
information and thoughts, and you decide for yourself, if
the status of “POW" should be applicable.
George W. Bush’s comment during his first State of the
Union address, “As we gather tonight, the nation is at
war," is not true. The U.S. is not at war. Sure, we
are in the midst of armed conflict, but we are not in a
declared state of war. There has been no formal
declaration of war issued. The president, right now, is
acting under the War
Powers Act of 1973. This is the first point.
For a commentary on Article 4 of the “Convention (III)
relative to the Treatment of Prisoners of War. Geneva, 12
August 1949," see the International Committee of the
Red Cross’ International Humanitarian Law section at
What I found there confirms what I was taught many years
ago while in the Army. To be declared as a POW, certain
criteria must be met, as with anything else in life. To be
declared a POW if not a member of a regular, nationalistic
army, one must:
- Have a proper chain of command.
- Wear a fixed distinctive sign that can be recognized
at a distance.
- Carry arms openly.
- Conduct operations in accordance with the laws and
customs of war.
Once upon a time, in an age long gone, any war waged
was a total, all-out war or battle. There was no
distinction between those fighting the war or battle, and
those who were merely the innocent bystanders, if you
will. The winner of the battle would often steal anything
desirable, burn most structures, kill the men – young
and old alike, and take the women and children as slaves.
War was redefined in the past 100 years with the advent of
such things as planes, trains, automobiles, and
submarines. One bomb, it was learned, could raze a city,
and that was the start of a new generation of war.
September 11, 2001 was not the dawning of a new type of
war, rather the introduction of a type of warfare that’s
plagued other nations for decades: guerrilla warfare, also
called terrorism.
When the Geneva Convention of 1949 was enacted, it offered
a means of distinguishing those who are combatants and
those who are not. Combatants are people like soldiers.
You know, they are the ones you can readily identify as
someone looking to hunt down the bad guys. Non-combatants
are those who do not carry weapons, are not wearing a
distinctive military uniform, and so on.
When people engage enemy forces on a battlefield, they are
combatants. Just because they are combatants, however,
does not mean they are entitled to be classified as a
Prisoner Of War under the Geneva Convention. This is the
second point.
If we consider the people taken captive, whether we call
them “battlefield detainees," “Yahooties,"
or “POWs," we need to consider other folks, as
well. If the 158 people in Cuba are declared POWs, then
does that mean those killed in the WTC attacks were killed
in action, or, in military terms, KIA? Or how about those
still missing: do they instantly get classified as MIA?
But what about the hundreds, thousands of people in NYC at
the time of the attacks: are they suddenly classified as
having been in a war zone? Are they all eligible for “Hostile
Fire and Imminent Danger"? Sure, I’m pushing
the ball to the extreme, but it’s for a point.
“However I make my decision, these detainees will be
well-treated," Bush said. “We are not going to call
them prisoners of war in either case, and the reason why
is al-Qaeda is not a known military. These are killers,
these are terrorists."
By seeking to bastardize the definition of specific
things, in this case, the classification of terrorists,
into something they are not – soldiers, and ultimately,
POWs – then we need to bastardize the classification for
everything and everyone. What’s good for one is good for
all, right? It’s only fair.
The detainees being held in Cuba are being treated
humanely, as determined by several outside agencies, and
even the harshest critic of all, in my view, that of a
Muslim cleric. There is only one way anyone could argue
they are being humiliated, if you want to call it
humiliation. I find it humorous, in fact. Female guards
have been assigned duties at Camp X-Ray in Guantanamo Bay,
Cuba, which goes against the very thread of the Taliban
regime.
Charlie, writing in the “What is a P.O.W." thread
on the seattle.general newsgroup, argued with vpolitico
that the 158 being detained in Cuba should not have the
POW status conferred upon them.
“Many legitimate POWs are conscripts. These guys
aren’t even nationals of the country where they were
fighting," Charlie argued. “They could have avoided
the whole mess by staying in their own countries and
choosing to live peacefully. Instead, they went to the
nastiest place in the world looking for trouble. Guess
what??? They found it and now they can rot(sic) in a
tropical swamp until they die of leprosy."
But, looking to the other side of the argument is where
sofrae comes in on the
alt.religion.christian.episcopal newsgroup. Sofrae said
that “One mans terrorist is a hero to another man and
his country," which is fine and true, but I don’t
see any cheering for the Taliban or al-Qaeda fighters
anywhere. Does anyone else?
The ball is in your court. You make the decision – for
yourself. Should the 158 being held in Cuba be considered
prisoners of war, or should they be considered terrorists,
as they are, in all reality? When you decide, share your
thoughts and reasons with your elected federal officials,
either by calling them or writing them a letter and
sending it via snail mail or as an email. Contact
information for your elected federal representative can be
found on their individual websites. A listing can be found
at U.S.
House of Representatives, or U.S.
Senate.
The man in charge, President Bush, may be contacted via
email, as can the second-in-command, Vice
President Cheney. If you wish to send a letter via
snail mail to the
president or vice president, it is sent to:
Intended Recipient (President Bush or
Vice President Cheney)
The White House
1600 Pennsylvania Ave NW
Washington, DC 20500-0004
If you decide to take the time to write your elected
officials, let me know, as well. I’d like to see what
your thoughts are on this matter. Send the comments to dave_jackson@newsguy.com.
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