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IL&J: U.S. Recognizes Application of Geneva Conventions to Detainees



Two weeks after  the Supreme Court decision blocking the use of military tribunals for "enemy combatants," the Bush Administration issued a memo stating that all prisoners detained in Guantanamo Bay, Cuba and in other U.S. military custody shall be entitled to the protections guaranteed under Article 3 of the Geneva Conventions. The Geneva Conventions are a series of treaties and protocols that call for the humane treatment of combatants and civilians during a time of war. Article 3 specifically prohibits violent, humiliating and degrading acts against prisoners of war.

On June 29, in a 5?3 ruling, the Supreme Court struck down the military commissions President Bush established to try the detainees at Guantanamo Bay because they did not abide by international law and were not authorized by Congress. The Administration had previously stated that the detainees were not prisoners of war and therefore, not subject to the Geneva protections. The new memo, however, recognizes the application of the Geneva Conventions to all detainees in U.S. military custody. In response to the memo, Tony Snow, White House spokesperson, stated that "[the memo] is not really a reversal of policy. Humane treatment has always been the standard."

The released memo coincided with the beginning of hearings by the Senate Judiciary Committee on the Guantanamo Bay issue. The House and Senate Armed Forces Committees are also holding hearings on this subject. Republicans and Democrats remain divided on this issue, even within their own party. Republican Senator and Judiciary Committee Chairman Arlen Specter (PA) stated that Congress is ?not going to give the Department of Defense a blank check.? Mr. Snow and other administration officials insist that the President is willing to work with Congress to develop a framework to implement military tribunals and commissions that are  ?consistent with national security.?

The prisons at Guantanamo Bay have served as a point of contention between the US and other countries, including its allies on the war against terrorism. These countries have been critical about the treatment of prisoners including prolonged detention without a trial and accusations of torture, especially when pictures were released showing shackled prisoners being held in wire cages.

Read official Supreme Court decision


Updated July 12, 2006

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