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Prisoners of War
The abuse of Power and the Regression of Civilisation
by Nafeez Mosaddeq Ahmed
I. “Western Values” and the Treatment of Afghan POWs
More than 100 Afghan men out of the thousands captured
by U.S.-backed Northern Alliance forces, have been rounded up by the U.S.
Army and taken to the American Naval Base in Guantanamo Bay, Cuba.
Deciding arbitrarily that the prisoners constitute “battlefield detainees”
and “unlawful combatants”, the Bush administration has denied them their
legal rights as ‘Prisoners of War’ (POWs). Under the Geneva Convention,
POWs must be tried by the same courts and procedures as U.S. soldiers.
They could be tried for war crimes through courts-martial or civilian
courts - but not by the unilateral decisions of unaccountable U.S.
military tribunals. And they must also be treated humanely, free from
torture and any sort of physical or psychological abuse. Indeed, the
Afghan POWs at Guantanamo haven’t seen lawyers. They haven’t even been
charged with any particular crime. Nor has the Bush administration
clarified exactly what it plans to do with them, nor how long it might
hold them. As Guantanamo Bay is classified as being outside the U.S., the
men are also ineligible for legal rights or representation under that
country’s constitution.
The London Daily Mirror has criticised
the policy scathingly:
“This is what is
being done in the name of humanity, civilisation and the British people.
These prisoners are trapped in open cages, manacled hand and foot,
brutalised, tortured and humiliated. We are assured they are cruel, evil
men, though not one has been charged, let alone convicted, of any
offence… The treatment of the prisoners in Cuba is no more than a sick
attempt to appeal to the worst red-neck prejudices.”[1]
The Guardian similarly reports that: “A set of officially
sanctioned photographs show the prisoners, manacled hand and foot,
kneeling before their guards, and wearing blacked-out goggles over their
eyes and masks over their mouths and noses.”[2] This is a
form of extreme psychological torture that works by blocking the
prisoners’ five senses for long periods of time, while forcing them to
remain in a fixed physical position, chained to one place and unable to
move. Having been hooded and shackled for transportation, these men are
still being held, chained, in exposed metal cages, 6ft by 8ft, with cement
floors and a basic form of chamber pot. They have had their facial hair
shaved, contrary to religious beliefs, and are to wear orange jumpsuits at
all times. In addition to this barbaric treatment, the men will also face
interrogation from U.S. officials and military figures without the
presence of lawyers or mediators.[3]
In a statement on the matter, Amnesty International condemned
the U.S. policy: “The U.S. is placing these people in a legal limbo. They
deny that they are Prisoners of War (POWs), while at the same time failing
to provide them with the most basic protections of any person deprived of
their liberty… The U.S. has obligations under international law to ensure
respect for the human rights of all persons in their custody - including
the duty to treat them humanely and ensure that they have recourse to fair
proceedings, regardless of the nature of the crimes they are suspected of
having committed.” Amnesty, one of the world’s leading authorities in
human rights and international law, considers the prisoners in Guantanamo
to be POWs. But in the event of a dispute about their status, Amnesty
points out that “the U.S. must allow a ‘competent tribunal’ to decide, as
required by Article 5 of the Third Geneva Convention…
“This is also the position held by the
International Committee of the Red Cross (ICRC), the most authoratitive
interpreter of the Geneva Conventions. It is not the prerogative of the
Secretary of Defense or any other U.S. administration official to
determine whether those held in Guantanamo are POWs. An independent U.S.
court, following due process, is the appropriate organ to make this
determination.”
According to Amnesty, POWs should be
held in conditions that are “as favourable” as those of U.S. soldiers;
they are not required to divulge information beyond their name, rank,
serial number and date-of-birth; they cannot be tried merely for having
taken up arms against enemy combatants in the context of the conflict.
POWs, unless they are to be tried for war crimes or other criminal
offences, must be repatriated at the end of “active hostilities”. Any
detainee who is suspected of a crime, whether or not they are POWs, must
be charged with a criminal offense and tried fairly or released. Indeed,
Amnesty points out that “denying POWs or other people protected by the
Geneva Conventions a fair trial is a war crime.”[4]
The most authoritative interpreter of
the Geneva Conventions, the Geneva-based International Committee of the
Red Cross (ICRC), largely agrees. The ICRC has affirmed that: “those being
held by American forces must be counted as prisoners of war under the
Geneva Convention, and were, therefore, entitled to the full protection
offered by it.” Calls by ICRC for the Bush administration “to spell out
the exact status of its Afghan prisoners has resulted in a variety of
often contradictory responses from different departments in the
administration, according to diplomatic sources.” Indeed, some of the
terms conveniently conjured up by the administration to describe the
prisoners, “such as ‘battlefield detainees’, have no legal meaning, the
ICRC says.”[5]
Michael Byers, a U.S. expert in international
law from Duke University, North Carolina, who is currently Visiting Fellow
at Keble College, Oxford, has scrupulously dissected the Bush
administration’s policies. “Anyone detained in the course of an armed
conflict is presumed to be a PoW until a competent court or tribunal
determines otherwise. The record shows that those who negotiated the
convention were intent on making it impossible for the determination to be
made by any single person.” Beyers notes further that: “the Pentagon
might argue that the Taliban were not the government of Afghanistan and
that their armed forces were not the armed forces of a party to the
convention. The problem here is that the convention is widely regarded as
an accurate statement of customary international law, unwritten rules
binding on all. Even if the Taliban were not formally a party to the
convention, both they and the U.S. would still have to comply.” The U.S.
has also argued that Al-Qaeda members were not part of the Taliban’s
regular armed forces. “Traditionally, irregulars could only benefit from
PoW status if they wore identifiable insignia, which al-Qaida members seem
not to have done. But the removal of the Taliban regime was justified on
the basis that al-Qaida and the Taliban were inextricably linked, a
justification that weakens the claim that the former are irregulars.” The
fact also remains that who exactly these detainees are has not been
clarified – whether they are Taliban, Al-Qaeda, or merely Afghan
civilians, is simply not clear. “Moreover, the convention has to be
interpreted in the context of modern international conflicts, which share
many of the aspects of civil wars and tend not to involve professional
soldiers on both sides...
“Since the convention is
designed to protect persons, not states, the guiding principle has to be
the furtherance of that protection. This principle is manifest in the
presumption that every detainee is a PoW until a competent court or
tribunal determines otherwise... The authorities at Guantanamo Bay have
prohibited journalists from filming the arrival of the detainees on the
basis that the convention stipulates PoWs ‘must at all times be protected
against insults and public curiosity’. The hypocrisy undermines the
position on PoW status: you can’t have your cake and eat it.
“Even if the
detainees were not PoWs, they remain human beings with human rights.
Hooding, even temporarily, constitutes a violation of the 1984 convention
against torture and cruel, inhuman or degrading treatment. Apart from
causing unnecessary mental anguish, it prevents a detainee from
identifying anyone causing them harm. Forcefully shaving off their beards
constitutes a violation of the right to human dignity under the 1966
international covenant on civil and political rights. Forcefully sedating
even one detainee for non-medical reasons violates international law.
Although strict security arrangements are important in dealing with
potentially dangerous individuals, none of these measures are necessary to
achieving that goal. If human rights are worth anything, they have to
apply when governments are most tempted to violate them.”[6]
Clearly, the United States – and the Western
governments supporting its policies – have no moral high ground as far as
human rights and international law are concerned. The latter are being
blatantly manipulated to justify the brutalisation of America’s alleged
enemies, and to manufacture public consent to the West’s flagrant
violations of its own professed civilisational norms.
While the media has been focusing on the
controversy surrounding the POWs caged in the U.S. base in Cuba, there has
been little attention to the plight of Afghans who are still imprisoned in
complexes established by America’s current proxy force, the Northern
Alliance, under U.S. control.
“Afghan prisoners
have been handed over to the United States by Northern Alliance warlords
as well as the new interim government of Hamid Karzai. They are being held
by the American military at bases in Kandahar, Bagram and Mazar-i-Sharif.
The Independent has learnt, though, that the ICRC has not been able
to get access to the prisoners in Bagram and Mazar-i-Sharif, and has
discovered that about 360 being held in Kandahar are being kept in
unsheltered stockades in the bitterly cold winter, without any privacy.
These conditions would breach the Geneva Convention.”[7]
And in a further display of racist, xenophobic
hypocrisy, the U.S. saw fit to rescue the only American citizen captured
by Northern Alliance forces from the same fate faced by the other POWs.
John Walker Lindh, a white American revert to Islam who joined the
Taliban, was flown back to the States to be tried in U.S. courts.[8] Meanwhile, British, French and Australian POWs who have been
detained along with everyone else – who may have been working on the
ground in Afghanistan in aid operations to save the lives of Afghan
civilians – are to remain in their current squalid conditions. And of
course, while there may be doubt as to the fate of the Westerners, who may
be repatriated under pressure from their home countries, the dark-skinned
Afghans are doomed to indefinite detention and American-style “justice”.
The double standards are plain for all to see.
II. Our Regional Allies: the Northern Alliance
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