Rummy and the POWs

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Rummy has been all over the place on the treatment of detainees. It's not surprising that he is able to wiggle around now considering the failure of the Bush administration to clearly define which rule they would adhere to. One day it's the Geneva Convention, the next day, for another group of prisoners, they claim the right to deny rights under the convention:


Monday, January 28, 2002
http://www.foxnews.com/story/0%2C2933%2C44084%2C00.html

Touring Camp X-Ray where Al Qaeda and Taliban prisoners are being interrogated under U.S. custody, Defense Secretary Donald H. Rumsfeld on Sunday ruled out any possibility of granting prisoner of war status to the suspected terrorists held in the makeshift prison.

Rumsfeld said the purpose of the trip was not to investigate the treatment of the captured Al Qaeda and Taliban fighters, although some U.S. allies have raised questions about it.

Last week, the Defense Department released a photograph of some of the prisoners in manacles, kneeling and wearing goggles and ear muffs. That triggered protests in Europe and elsewhere about the conditions at Guantanamo Bay.

"I have absolutely full confidence in the way the detainees are being handled and treated," Rumsfeld said.
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Monday, Jan. 28, 2002

Are They POWs or Terrorists?

On Sunday, the Bush Administration's internal rift over prisoners taken in the war on terrorism stepped right up to the chain-link doors of the cells holding Taliban and Al-Qaeda captives at Guantanamo. As Defense Secretary Donald Rumsfeld walked into Camp X-Ray, a detainee who had just finished washing his face wrapped his towel over his hair in the manner of Arab headwear. A U.S. military police guard told him to take it off, worried that weapons — like the rocks Guantanamo brass suspect the detainees may be using to write covert notes of revolt to one another — could be hidden inside the towel. But Rumsfeld, who arrived in the same white military bus that brought the prisoners to their cells from the battlefields of Afghanistan, made a point of not talking to the captives. And the silence was meant to help drive home the White House's point: there's nothing to talk about, at least not regarding the detainees' legal status.

In fact, on the ferry ride across Guantanamo Bay to the prison, where the (so far) 158 detainees are locked up in 8 ft.-by-8 ft. cells, Rumsfeld chided what he called "loose talk" about whether any of the captives could be considered anything but terrorists and "unlawful combatants." It was a not-so-oblique rebuke to Secretary of State Colin Powell's suggestion the day before — that the Administration reconsider whether to accord even unlawful combatants treatment prescribed for war prisoners under the Genevea Convention, if only to ensure that U.S. prisoners of war continue to receive it in the future. "There are no ambiguities in this case," Rumsfeld insisted, wearing shirt sleeves and a Defense Department cap, adding that it would be "a terribly dangerous thing" to "blur the distinction" between POWs and combatants "who have been trained to kill innocent people."

It was the second time in two days that Powell's preference for adherence to the Convention's articles was criticized by Bush advisers, who are adamant that the treaty does not apply to the Taliban and Al-Qaeda prisoners. The White House is worried that granting the detainees anything but a terrorist label will make it harder to interrogate them about Osama bin Laden's network. Nevertheless, at a National Security Council meeting today, they were expected to review the detainees' status.

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The_Massacre_at_Qala_i_Janghi
in Mazar i Sharif
http://www.cooperativeresearch.org/uswarcrimes/uswarcrimesinafghanistan/mazaarmassacre.html

About 400 non-Afghan Taliban soldiers were killed in a highly controversial ‘battle’ that occurred in late November 2001 at the Qala-i-Janghi prisoner compound located on the outskirts of Mazar-i-Sharif, Afghanistan

Donald Rumsfeld, U.S. Secretary of Defense, was accused of giving a ‘green light’ to the massacre. During discussions about what should be done with the foreign Taliban fighters after a surrender at Konduz, US Secretary of Defense Donald Rumsfeld said that they would have to be dealt with more harshly than the Afghan fighters. He said on November 19, 2001,

“It would be most unfortunate if the foreigners in Afghanistan — the Al Qaeda and the Chechens and others who have been there working with the Taliban — if those folks were set free and in any way allowed to go to another country and cause the same kind of terrorist acts.” 11/22/02]

He also said, “The United States is not inclined to negotiate surrenders, nor are we in a position, with relatively small numbers of forces on the ground, to accept prisoners. … Any idea that those people in that town who have been fighting so viciously and who refuse to surrender should end up in some sort of a negotiation which would allow them to leave the country and go off and destabilize other countries and engage in terrorist attacks on the United States is something that I would certainly do everything I could to prevent. They’re people who have done terrible things. … The idea of their getting out of the country and going off to make their mischief somewhere else is not a happy prospect. So my hope is that they will either be killed or taken prisoner (by the Northern Alliance)”
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washingtonpost.com
Sunday, March 23, 2003; 2:38 PM
http://www.washingtonpost.com/ac2/wp-dyn?pagename=article&node=&contentId=A14858-2003Mar23¬Found=true

"There are -- we believe there are some American soldiers missing," Rumsfeld said in his first appearance of the day, on NBC's Meet the Press.

But more details began emerging through the morning, and by the time Rumsfeld appeared on CNN shortly after noon, the Arabic language Al Jazeera television network had aired images of the American POWs. CNN's Wolf Blitzer noted that the interview was being watched around the world, including Iraq, and asked the defense secretary what message he had for the Iraqi government officials holding the soldiers.

"That they treat those prisoners according to the Geneva Convention, just as we treat Iraqi prisoners according to the Geneva Convention," he said, nothing that the convention forbids governments from broadcasting images of POWs. "
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March 23, 2003

Rumsfeld Condemns Display of American POWs
http://www.cnsnews.com/ViewPentagon.asp?Page=\Pentagon\archive\200303\PEN20030323g.html

(CNSNews.com) - Defense Secretary Donald Rumsfeld on Sunday acknowledged that a number of American troops were missing and could be in the custody of the Iraqi regime.

Speaking on NBC's "Meet the Press," Rumsfeld strongly condemned Iraqi threats to publish photos or show videotape of American prisoners of war as a violation of the Geneva Convention.
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Sunday, March 23, 2003

Secretary Rumsfeld Interview with CNN Late Edition
(Interview with Wolf Blitzer, CNN Late Edition.)

Q: I'd like to interview the defense secretary right now. He is joining us live from our Washington studio. Secretary Rumsfeld, thanks so much for joining us. I know this is an incredibly busy time for you, but let's get right to some of the immediate issues at hand. First of all, as you well know, within the past few moments, the Al Jazeera Arabic language television network has broadcast Iraqi television video of American POWs that they say are now in the hands of Iraqi officials. Some of them alive, others killed in action. What can you tell us about this?

Rumsfeld: There have been reports throughout the morning here in the East Coast to the effect that some U.S. soldiers were unaccounted for, whether the ones that are being shown on that particular station or not, that network, are those individuals, I'm not in a position to say.

We do know that the Geneva Convention makes it illegal for prisoners of war to be shown and pictured and humiliated. And it's something that the United States does not do. And needless to say, television networks that carry such pictures are, I would say, doing something that's unfortunate.

Q: On the other hand, you could argue, some would make the case that at least their family members are seeing them, seeing them alive even if they're not in the best of condition, they could get some comfort from seeing these videotaped pictures.

Rumsfeld: You can make that argument, if you wish.

Q: But what I hear you saying is that you're urging all worldwide news organizations, television networks not to broadcast these images of these American POWs?

Rumsfeld: What I'm saying is that it's a violation of the Geneva Convention for the Iraqis to be -- if, in fact, that's what's taking place, to be showing prisoners of war in a humiliating manner.

Q: How many missing American military personnel are there right now?

Rumsfeld: The -- I can't answer your question right now. I know as of this morning it was a very small number.

Q: Will this affect the course of the war, the fact that the Iraqis now have American POWs?

Rumsfeld: Wolf, there have been prisoners taken in every war since the beginning of mankind. We treat our prisoners well. We have over 2,000 Iraqi prisoners of war at the present time. They're in POW camps that have been brought along. They're being fed. They're being provided medicine where it's appropriate and needed.

The course of this war is clear. The outcome is clear. The regime of Saddam Hussein is gone. It's over. It will not be there in a relatively reasonably predictable period of time. And the people in Iraq need to know that, that it will not be long before they will be liberated. The leadership and the military in Iraq needs to know that they should act with honor and stop defending a regime that is shortly going to be history.

Q: Mr. Secretary, this broadcast is being seen live around the world, including in Iraq. What is your message to those Iraqi government officials who now have control of these American prisoners?

Rumsfeld: That they treat those prisoners according to the Geneva Convention, just as we treat Iraqi prisoners according to the Geneva Convention. And further, I would say that they'd be well advised to put down their arms, follow the instructions that have been communicated, and act with honor and help liberate the Iraqi people from the vicious, repressive regime of Saddam Hussein. The outcome is clear.
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TIMES NEWS NETWORK MONDAY, MARCH 24, 2003

US remembers the law on POWs, belatedly-

Prior to Sunday, the last time Rumsfeld used the words 'Geneva Convention' was when he declared that prisoners taken by the US in Afghanistan would not be accorded the protection of the Conventions. The suspected al-Qaeda captives, he declared, were "unlawful combatants"; and the US had the right to do with them what it wished. On the day the al-Qaeda prisoners were brought to Guantanamo Bay , Amnesty International declared the US in violation of the Geneva Conventions.

Article 5 of the Third Convention declares that if doubts should arise about the precise status of captives, "such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal". No competent tribunal has adjudicated on the matter, said Amnesty International.
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Monday, April 7, 2003

DoD News Briefing - Secretary Rumsfeld and Gen. Myers

Rumsfeld: I can report that they are true heroes. Their spirits are high. And certainly it is a privilege to be able to thank them in person. And to the loved ones of the missing or captured, know that they are on our minds and that we join you in keeping them in our prayers.

If one contrasts the noble example of the fine young men and women on the scroll behind me with the conduct of the Iraqi regime, regime death squads have used schools as armories, and hospitals as military headquarters. They have executed POWs. They use children as human shields. And they have forced civilians to fight at gunpoint, executing those who refused. They are moving their artillery into residential neighborhoods in Baghdad, hoping to draw coalition fire.

By contrast, coalition forces have demonstrated their respect for the Iraqi people, going to extraordinary lengths to protect innocent lives and to safeguard Muslim holy sites.
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Wed, Apr. 09, 2003 Associated Press

POWs Are Top Iraq Priority, Rumsfeld Says

Myers, appearing with Rumsfeld, urged any Iraqis who are holding American POWs to permit the International Red Cross to visit them as required under international conventions.

"When the hostilities end, we fully expect to find these young men and women in good health and well cared for," Myers said.

The Pentagon lists seven American POWs - all Army soldiers. Six are male and one is female. There also are eleven U.S. servicemen listed as missing, including two Air Force pilots of an F-15E fighter lost Sunday near Tikrit, north of Baghdad. As of Wednesday, 101 U.S. servicemen had been killed in action since the war began March 20, according to the Pentagon.

Rumsfeld also alluded to the undetermined fate of the only remaining POW from the first Gulf War, Navy F/A-18 pilot Scott Speicher. Without mentioning him by name, Rumsfeld said U.S. forces in Iraq must "ensure the safe return of prisoners of war - those captured in this war, as well as any still held from the last Gulf War, Americans and other nationals." His reference to "other nationals" apparently meant Kuwaitis who remain unaccounted for from 1991.
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Wed, Dec. 17, 2003

Rumsfeld Ponders Ways for Saddam to Talk

The defense secretary said Saddam was being "accorded the protections" of a prisoner of war but was not formally designated as such.

Rumsfeld rejected the suggestion that the Pentagon's release of a videotape of a bedraggled Saddam after his capture might violate the rules governing the treatment of POWs. He said it was important Saddam "be seen by the public for what he is: a captive, without question."

The Geneva conventions governing treatment of POWs bans such prisoners from being displayed publicly as objects of ridicule. Some critics have said the Saddam videos did that, but Rumsfeld disagreed.

"He has been handled in a professional way," Rumsfeld said. "He has not been held up to public curiosity in any demeaning way by reasonable definitions of the Geneva convention."

An interagency government group will consider whether Saddam will be given official POW status, Rumsfeld said.
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With this administration's refusal to be held accountable to the same international court with which they would prosecute Milosevic, they are allowed to set whatever standard of accountability they want. In this case none, unless Congress gets off of their ass and upholds their responsibility for oversight.

No American who would be held captive by opposing forces can expect humane treatment under the Geneva convention as long as the Bush league selectively applies the law to shield Americans and to unlawfully exploit enemy captives.
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Iraq Must Not Parade POWs (Human Rights Watch Press release, March 24, 2003)
http://www.hrw.org/press/2003/03/iraq032403.htm

Comparison Between U.S. POWs, Guantanamo Inmates
http://www.informationclearinghouse.info/article2401.htm
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All Parties to the Conflict Must Treat Detainees Fairly and Consistent with International Humanitarian Law

Human Rights First (Human Rights First) urges all parties to the war in Iraq to comply with international humanitarian law—the laws of war. This position paper outlines five basic principles that should guide the conduct of the war to ensure protection of human rights.
http://www.humanrightsfirst.org/iraq/iraq_02.ht


Me Book

[cliss]

1. It just goes to show you....

inconsistencies everywhere you look. We use the laws when they suit us, and dump them when they don't.

"Rumsfeld strongly condemned....which would violate the Geneva Convention"

And yet, he washed his hands of them when we marched into Iraq.

This is what I call "selective legality".

"Click" (flash) "Smile, Rummy". You're on Candid Camera.

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2. According to the Geneva Convention?

Rumsfeld:

"That they treat those prisoners according to the Geneva Convention, just as we treat Iraqi prisoners according to the Geneva Convention"