I read a few replies to the BBC article about the US reversing its stance on the Geneva Conventions and Gitmo.
(Because reversing their stance is exactly what they did. Before, they said they didn’t apply, and they did everything they could to convince the world of that. Now they are complying with the Conventions.)
People — even British people, I was surprised at their interest — were crying foul, saying that we must now fight terror with one hand tied behind our back.
Even though the Geneva Conventions apply to ‘people in uniform,’ I believe they should be applied to all people engaged in battle. If we can acknowledge that this is a “war” on terror, how can we escape the fact that we are engaged in war between two sides? We have acknowledged that many insurgents are financially backed by foreign countries, like Iraq, Iran, Pakistan, Syria, etc.
If I was to concede that the Geneva Conventions do not apply to insurgents, I would then move on to insist that they outline the general rules for any army to follow. One may maintain that, unless a rule (as such) is specifically codified, one has no obligation to abide by it in international conflict. This would mean that, even though the Conventions are a suggestion, our army cannot be held responsible for disobeying them.
Point well taken. But, even after all that, one must acknowledge that the Conventions do spell out an attitude, a respect for human life, a respect for dignity and the rights of mankind — the same respect embodied in the Constitution and Declaration — that our Founders saw as applying to all humans. The Constitution, I believe, applies to all humans — at least to all humans under our jurisdiction. That is, it is illogical to simultaneously claim that we have the right to try these people, but they don’t have the right to counsel. Mutatis mutandis, we have the right to hold these people without trying them, without the guarantees of the Constitution.
It is sickening that the administration would decide ad hoc which humans they could apply these rules to and which not, while they are being held under the flag of the United States. Four hundred and sixty people being held without trial.
The point of America, the dream of the Founders, was to establish a land within the rule of law — outside of arbitrary despotism, where none are above or below the law’s protections, all have the right to trial, and all are innocent until proven guilty. But these insurgents aren’t given a trial, aren’t given the chance to prove themselves innocent. If we are so certain that they are guilty, certain enough to hold them for years at a time, why is the government so afraid of trying them in a fair court of their peers? It does not make sense.
The argument that the terrorists’ ignorance of the Geneva Conventions gives us the right to do the same deserves little time for critique. First of all, if we acknowledge that we are adopting their tactics — their lack of respect for international law — we are literally lowering ourselves to their level. Secondly, the overall argument is an example of the logical fallacy of ad hominem — the fact that they ignore the Conventions should not affect our motivations. I do not believe that the insurgents’ ignorance of the Geneva Conventions gives them the upper hand. The Convention in question, the Third Geneva Convention, applies to the treatment of prisoners, not to their apprehension or combat. Therefore, the only way their adoption would alter the effectiveness of the military is after the fact.
The most that the application of the Conventions would do is free innocent prisoners and rebuild lost credibility. They would cause no harm.