* Gautam Mukunda wrote :
> --- "Miller, Jeffrey" <[EMAIL PROTECTED]> wrote:
> > > When did the US violate the Geneva convention?
> > 
> > Camp X-Ray?
> 
> Which holds unlawful combatants who are _explicitly_
> denied the protections of POWs by those same
> conventions.

Well, this is our propaganda, targeted to those who can't read the convention and take 
media coverage as truth. Between educated people, are we compelled to repeat it ?

A quick reading of the convention shows that we've breached 15 articles of the 
convention.

The government broke the first of these (article 13) as soon as the prisoners arrived, 
by displaying them, just as the Iraqis have done, on television. In this case, 
however, they were not encouraged to address the cameras. They were kneeling on the 
ground, hands tied behind their backs, wearing blacked-out goggles and earphones. In 
breach of article 18, they had been stripped of their own clothes and deprived of 
their possessions. They were then interned in a penitentiary (against article 22), 
where they were denied proper mess facilities (26), canteens (28), religious premises 
(34), opportunities for physical exercise (38), access to the text of the convention 
(41), freedom to write to their families (70 and 71) and parcels of food and books 
(72).

They were not "released and repatriated without delay after the cessation of active 
hostilities" (118), because, the  authorities say, their interrogation might, one day, 
reveal interesting information about al-Qaida. Article 17 rules that captives are 
obliged to give only their name, rank, number and date of birth. No "coercion may be 
inflicted on prisoners of war to secure from them information of any kind whatever". 
In the hope of breaking them, however, the authorities have confined them to solitary 
cells and subjected them to what is now known as "torture lite": sleep deprivation and 
constant exposure to bright light. Unsurprisingly, several of the prisoners have 
sought to kill themselves, by smashing their heads against the walls or trying to 
slash their wrists with plastic cutlery.

The 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 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 government fought first to prevent the 
establishment of the international criminal court, and then to ensure that its our 
fellow citizens are not subject to its jurisdiction.


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