After earlier criticism from human rights organisations and many
foreign governments regarding the determination that the Geneva
Conventions of 1949 do not apply to the detainees held in Cuba,
President Bush shifted position with an announcement that Taliban
fighters are covered by the 1949 Geneva Conventions, while al Qaeda
fighters are not. Taliban fighters are not to be treated as
prisoners of war (POW), however, because they reportedly fail to
meet international standards as lawful combatants The decision is
not likely to affect the treatment of any of the detainees held at
the US. The Geneva Conventions of 1949 create a comprehensive legal
regime for the treatment of detainees in an armed conflict. These
'unprivileged' or 'unlawful combatants' may be punished for acts of
violence for which legitimate combatants could not be punished.
Some have argued that there is implied in the Geneva Conventions a
third category comprised of combatants from militias who do not
qualify for POW status but also fall outside of the protection for
civilians. These combatants may be lawful in the sense that they do
not incur criminal liability for engaging in otherwise lawful
combat, but they would not be entitled to privileges as POWs or
protected civilians. The status of the detainees may affect their
treatment in several ways. This book explores the dilemma that the
US government faces as far as the classification of its prisoners
that they deem to not fall under the POW status and the treatment
and rights that they are entitled to.
General
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