Flown to Guantanamo Bay, which is technically foreign territory, the detainees from Afghanistan have no rights under the U.S. constitution and cannot appeal to US federal courts. Any rights they might have under international law have been firmly denied. According to Donald Rumsfeld, the detainees "will be handled not as prisoners of war, because they are not, but as unlawful combatants."
The Geneva convention makes it clear that anyone detained in the course of an armed conflict is presumed to be a POW until a competent court or tribunal determines otherwise. Our unilateral determination is highly convenient, since the 1949 Geneva convention on the treatment of prisoners of war stipulates that POWs can only be tried by "the same courts according to the same procedure as in the case of members of the armed forces of the detaining power". The US seems to be aiming at prosecuting at least some of the detainees in special military commissions having looser rules of evidence and a lower burden of proof than regular military or civilian courts.
That issue aside, these men have basic human rights. is a violation of the 1984 convention against torture and cruel, inhuman or degrading treatment. Forcefully shaving off their beards is a violation of the right to human dignity under the 1966 international covenant on civil and political rights. Forcefully sedating a detainee for non-medical reasons violates international law. Yes, strict security arrangements are important in dealing with potentially dangerous individuals, but none of these measures are necessary to achieving that goal.
It is most important that human rights be honored when governments are most tempted to violate them, else they are worthless. The United States has claimed the moral "high ground" since September 11, and benefited enormously from so doing. Ignoring even some of the rights of those detained in Guantanamo Bay squanders this intangible but invaluable asset. The violations in Guantanamo Bay will also undermine the ability of our government to ensure adequate treatment the next time American citizens are captured and held. But the fact that this violation of Geneva Convention standards will likely come back to haunt us is of little concern to the people making these decisions.
They will not face military tribunals in foreign countries.
Peace.
The Geneva convention makes it clear that anyone detained in the course of an armed conflict is presumed to be a POW until a competent court or tribunal determines otherwise. Our unilateral determination is highly convenient, since the 1949 Geneva convention on the treatment of prisoners of war stipulates that POWs can only be tried by "the same courts according to the same procedure as in the case of members of the armed forces of the detaining power". The US seems to be aiming at prosecuting at least some of the detainees in special military commissions having looser rules of evidence and a lower burden of proof than regular military or civilian courts.
That issue aside, these men have basic human rights. is a violation of the 1984 convention against torture and cruel, inhuman or degrading treatment. Forcefully shaving off their beards is a violation of the right to human dignity under the 1966 international covenant on civil and political rights. Forcefully sedating a detainee for non-medical reasons violates international law. Yes, strict security arrangements are important in dealing with potentially dangerous individuals, but none of these measures are necessary to achieving that goal.
It is most important that human rights be honored when governments are most tempted to violate them, else they are worthless. The United States has claimed the moral "high ground" since September 11, and benefited enormously from so doing. Ignoring even some of the rights of those detained in Guantanamo Bay squanders this intangible but invaluable asset. The violations in Guantanamo Bay will also undermine the ability of our government to ensure adequate treatment the next time American citizens are captured and held. But the fact that this violation of Geneva Convention standards will likely come back to haunt us is of little concern to the people making these decisions.
They will not face military tribunals in foreign countries.
Peace.
