US applies Geneva Conventions to military detainees

By Will Dunham

WASHINGTON (Reuters) – The Pentagon has acknowledged for
the first time that all detainees held by the U.S. military are
covered by an article of the Geneva Conventions that bars
inhumane treatment, according to a memo made public on Tuesday.

The memo signed by Gordon England, the No. 2 Pentagon
official, followed a June 29 Supreme Court ruling that struck
down as illegal the military tribunal system set up by the Bush
administration to try foreign terrorism suspects at the U.S.
naval base at Guantanamo Bay, Cuba.

President George W. Bush previously determined that certain
terrorist suspects are not covered by all the protections of
the Geneva Conventions, international accords governing
treatment of war prisoners.

The United States has faced international criticism over
the indefinite detention of Guantanamo detainees amid
allegations of their mistreatment. Revelations of physical
abuse and sexual humiliation of prisoners at Iraq’s Abu Ghraib
jail have also hurt the administration’s image.

Administration officials on Tuesday urged lawmakers to back
the special tribunal system — rejected by the high court in
part because Congress had not authorized it — as Congress
opened hearings on how to try foreign terrorism suspects in
light of the ruling.

The officials argued before the Senate Judiciary Committee
against using existing military justice procedures, as some
lawmakers want, saying this could compromise classified
information and impede interrogations.

But Republican Sen. Lindsey Graham of South Carolina told
them the best path was to take the military justice system “as
your basic guide” instead of Bush’s system that Congress did
not authorize.

“If you fight that approach, it’s going to be a long, hot
summer,” Graham warned.

England’s July 7 memo said detainees held in U.S. military
custody worldwide are covered by Common Article 3 of the Geneva
Conventions of 1949, which ensures humane treatment.

The memo directed military commanders worldwide to review
their detainee policies and practices to ensure they comply
with Article 3.

The article prohibits violence against detainees, including
mutilation, cruel treatment and torture, and “outrages upon
personal dignity” including humiliating and degrading
treatment. It also ensures care for the sick and wounded.

It bars sentencing or executing prisoners without a
decision by “a regularly constituted court” with judicial
guarantees.

MOVE PRAISED

“We welcome the decision, which we see as significant,
which we understand to be a step toward bringing all U.S.
detentions into compliance with international law,” said Simon
Schorno, spokesman for the International Committee of the Red
Cross, which monitors compliance with the Geneva Conventions.

Schorno said Common Article 3 represents “the minimum
standards to be respected in armed conflict, both international
and non-international.”

Amnesty International praised the move but urged the
administration “not to gut these protections by narrowly
defining what constitutes outrages on personal dignity.” The
group also urged that protections apply to all detainees held
by the United States, including those in secret CIA custody.

The White House argued the memo was not a dramatic change
because the Pentagon already had a policy of treating detainees
humanely.

“Humane treatment has always been the standard, and that is
something that they followed at Guantanamo,” said White House
spokesman Tony Snow.

England wrote it was his understanding that aside from
tribunal procedures that the court rejected, existing Pentagon
orders and policies including the Army Field Manual and
documents governing interrogations and medical care complied
with Article 3′s standards.

Pentagon spokesman Bryan Whitman made clear the United
States still will not apply full Geneva Conventions rights to
al Qaeda and Taliban prisoners under a policy set out by Bush.

(Additional reporting by Vicki Allen in Washington and Jane
Sutton in Miami)