About those "unlawful combatants" down in Cuba:
The US government claims that these men are not subject to the Geneva conventions, as they are not "prisoners of war", but "unlawful combatants". The same claim could be made, with rather more justice, by the Iraqis holding the US soldiers who illegally invaded their country. But this redefinition is itself a breach of article 4 of the third convention, under which people detained as suspected members of a militia (the Taliban) or a volunteer corps (al-Qaida) must be regarded as prisoners of war.
Even if there is doubt about how such people should be classified, article 5 insists that they "shall enjoy the protection of the present convention until such time as their status has been determined by a competent tribunal". But when, earlier this month, lawyers representing 16 of them demanded a court hearing, the US court of appeals ruled that as Guantanamo Bay is not sovereign US territory, the men have no constitutional rights. Many of these prisoners appear to have been working in Afghanistan as teachers, engineers or aid workers. If the US government either tried or released them, its embarrassing lack of evidence would be brought to light.
You would hesitate to describe these prisoners as lucky, unless you knew what had happened to some of the other men captured by the Americans and their allies in Afghanistan. On November 21 2001, around 8,000 Taliban soldiers and Pashtun civilians surrendered at Konduz to the Northern Alliance commander, General Abdul Rashid Dostum. Many of them have never been seen again.
As Jamie Doran's film Afghan Massacre: Convoy of Death records, some hundreds, possibly thousands, of them were loaded into container lorries at Qala-i-Zeini, near the town of Mazar-i-Sharif, on November 26 and 27. The doors were sealed and the lorries were left to stand in the sun for several days. At length, they departed for Sheberghan prison, 80 miles away. The prisoners, many of whom were dying of thirst and asphyxiation, started banging on the sides of the trucks. Dostum's men stopped the convoy and machine-gunned the containers. When they arrived at Sheberghan, most of the captives were dead.
The US special forces running the prison watched the bodies being unloaded. They instructed Dostum's men to "get rid of them before satellite pictures can be taken". Doran interviewed a Northern Alliance soldier guarding the prison. "I was a witness when an American soldier broke one prisoner's neck. The Americans did whatever they wanted. We had no power to stop them." Another soldier alleged: "They took the prisoners outside and beat them up, and then returned them to the prison. But sometimes they were never returned, and they disappeared."
Many of the survivors were loaded back in the containers with the corpses, then driven to a place in the desert called Dasht-i-Leili. In the presence of up to 40 US special forces, the living and the dead were dumped into ditches. Anyone who moved was shot. The German newspaper Die Zeit investigated the claims and concluded that: "No one doubted that the Americans had taken part. Even at higher levels there are no doubts on this issue." The US group Physicians for Human Rights visited the places identified by Doran's witnesses and found they "all... contained human remains consistent with their designation as possible grave sites".
It should not be necessary to point out that hospitality of this kind also contravenes the third Geneva convention, which prohibits "violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture", as well as extra-judicial execution. Donald Rumsfeld's department, assisted by a pliant media, has done all it can to suppress Jamie Doran's film, while General Dostum has begun to assassinate his witnesses.
It is not hard, therefore, to see why the US government fought first to prevent the establishment of the international criminal court, and then to ensure that its own citizens are not subject to its jurisdiction.
Thanks to Bad Attitudes for the link.
The US government claims that these men are not subject to the Geneva conventions, as they are not "prisoners of war", but "unlawful combatants". The same claim could be made, with rather more justice, by the Iraqis holding the US soldiers who illegally invaded their country. But this redefinition is itself a breach of article 4 of the third convention, under which people detained as suspected members of a militia (the Taliban) or a volunteer corps (al-Qaida) must be regarded as prisoners of war.
Even if there is doubt about how such people should be classified, article 5 insists that they "shall enjoy the protection of the present convention until such time as their status has been determined by a competent tribunal". But when, earlier this month, lawyers representing 16 of them demanded a court hearing, the US court of appeals ruled that as Guantanamo Bay is not sovereign US territory, the men have no constitutional rights. Many of these prisoners appear to have been working in Afghanistan as teachers, engineers or aid workers. If the US government either tried or released them, its embarrassing lack of evidence would be brought to light.
You would hesitate to describe these prisoners as lucky, unless you knew what had happened to some of the other men captured by the Americans and their allies in Afghanistan. On November 21 2001, around 8,000 Taliban soldiers and Pashtun civilians surrendered at Konduz to the Northern Alliance commander, General Abdul Rashid Dostum. Many of them have never been seen again.
As Jamie Doran's film Afghan Massacre: Convoy of Death records, some hundreds, possibly thousands, of them were loaded into container lorries at Qala-i-Zeini, near the town of Mazar-i-Sharif, on November 26 and 27. The doors were sealed and the lorries were left to stand in the sun for several days. At length, they departed for Sheberghan prison, 80 miles away. The prisoners, many of whom were dying of thirst and asphyxiation, started banging on the sides of the trucks. Dostum's men stopped the convoy and machine-gunned the containers. When they arrived at Sheberghan, most of the captives were dead.
The US special forces running the prison watched the bodies being unloaded. They instructed Dostum's men to "get rid of them before satellite pictures can be taken". Doran interviewed a Northern Alliance soldier guarding the prison. "I was a witness when an American soldier broke one prisoner's neck. The Americans did whatever they wanted. We had no power to stop them." Another soldier alleged: "They took the prisoners outside and beat them up, and then returned them to the prison. But sometimes they were never returned, and they disappeared."
Many of the survivors were loaded back in the containers with the corpses, then driven to a place in the desert called Dasht-i-Leili. In the presence of up to 40 US special forces, the living and the dead were dumped into ditches. Anyone who moved was shot. The German newspaper Die Zeit investigated the claims and concluded that: "No one doubted that the Americans had taken part. Even at higher levels there are no doubts on this issue." The US group Physicians for Human Rights visited the places identified by Doran's witnesses and found they "all... contained human remains consistent with their designation as possible grave sites".
It should not be necessary to point out that hospitality of this kind also contravenes the third Geneva convention, which prohibits "violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture", as well as extra-judicial execution. Donald Rumsfeld's department, assisted by a pliant media, has done all it can to suppress Jamie Doran's film, while General Dostum has begun to assassinate his witnesses.
It is not hard, therefore, to see why the US government fought first to prevent the establishment of the international criminal court, and then to ensure that its own citizens are not subject to its jurisdiction.
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