Treatment of Battlefield Detainees in the War on Terrorism
Abstract
After earlier criticism from human rights organizations 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 being treated as prisoners of war (POW), however, because they reportedly fail to meet international standards as lawful combatants The Bush Administration has deemed all of the detainees to be "unlawful combatants," who may, according to Administration officials, be held indefinitely without trial or even despite their eventual acquittal by a military tribunal. Six of the Detainees have been designated as subject to the President's Military Order of Nov. 13, 2001, making them eligible for trial by military commission, although none has yet been charged. While earlier reports that the detainees were being treated inhumanely appear to be unfounded, some allied countries and human rights organizations are criticizing the President's decision as relying on an inaccurate interpretation of the Geneva Convention for the Treatment of Prisoners of War (GPW). The U.N. High Commissioner on Human Rights (UNHCR) and some human rights organizations argue that all combatants captured on the battlefield are entitled to be treated as POWs until an independent tribunal has determined otherwise.
Document Details
- Document Type
- Technical Report
- Publication Date
- Sep 17, 2003
- Accession Number
- ADA472510
Entities
People
- Jennifer K. Elsea
Organizations
- Library of Congress