07-F-2412 IPU 050 Summary Analysis of Geneva Conventions

• 5110104 OSD Policy • Summary Analysis of Applicability of Geneva Conventions to Conflicts in the War on Terrorism • Support for Geneva Conventions - The USG favors the Geneva Conventions, upholds them steadfastly and has a greater practical interest than any other country in the world in respect for them. • Application to conflicts and states - The Geneva Conventions apply to conflicts between states-parties to the Conventions. • Conventions apply lo Taliban but not al Qaida - Soon after 9111, the President decided that the Conventions: o apply to the conflict with Afghanistan's Taliban regime, but o not to the global conflict with al Qaida. • Taliban not entitled to POW status - Though the Conventions apply to the conflict with the Taliban, the President decided that the Taliban detainees are not entitled to POW status because they did not wear unifonns, comply with the Jaws of war and otherwise satisfy the conditions for such status. o Critics have argued that the USG should have given the Taliban and al Qaida the privileges of POW status anyway. • Incentive to comply with the laws of war-The Conventions say that detainees are entit1ed to POW status only if they satisfy certain conditions; 1. Operate in ~ chain of command. 2. Wear uniforms. 3. Carry anns openly. 4. Comply with the laws of war . ,. - - ·- ··-·---·-- .. .._ • • • a These conditions aim chiefly to protect non-combatants. o Favorable treatment for POWs is an incentive for proper behavior in war. o The President decided properly that granting POW status to the Taliban and al Qaida, despite their failures to comply with the rules, would not have bolstered the Geneva Conventions. o On the contrary, it would have undermined the incentive that the Conventions' framers bui1t into the )aw to protect non· combatants and otherwise encourage proper behavior in war. • Unlawful combatants - Detainees not entitled to POW status are nonetheless entitled to basic humane treatment as a matter of customary international Jaw. o (Some legaJ scholars ascribe the basic humane treatment requirement not only to customary international law, but to the Geneva Conventions themselves.) o The Taliban and al Qaida detainees at Guantanamo get basic humane treatment. o Jn other words, the Taliban detainees are getting the treatment to which they are entitled under the Geneva Conventions. o And the al Qaida detainees are getting the treatment to which they would be entitled under the Conventions if the Conventions applied to their conflict with us. • Iraq-From the outset, US policy has been unequivocal: The Geneva Conventions apply to the conflict in Iraq and all Iraqi detainees, military and civilian, are covered by them. • Respecting the Conventions - So the USG position has been to uphold the Conventions and apply them properly throughout the war on terrorism, in Afghanistan, with al Qaida and in Iraq. 2 --------. . ·- - - ·- --- - - - - . -~- • THE WALL STREET JOURNAL. . OPINION MONDAY. MAY H, 2004 . Conventional Warfare · • •