TCU Daily Skiff

Friday, February 8, 2002

Geneva Convention does not apply to al Qaeda
By RON FOURNIER
Associated Press

WASHINGTON — President Bush has determined that the Geneva Convention applies to the conflict in Afghanistan and Taliban soldiers, but not al Qaeda fighters and other terrorists, the White House announced Thursday.

“Al Qaeda is an international terrorist group and cannot be considered a state party to the Geneva Convention,” said presidential spokesman Ari Fleischer.

Fleischer said that despite the administration’s decision on designation, there will be no difference in how the two groups of prisoners are treated.

“It will not change their material life on a day to day basis. They will continue to be treated well, because that’s what the United States does,” Fleischer said.

Fleischer said the Taliban fighters who are being held are covered by the 1949 Geneva Convention because Afghanistan was one of the signers of that treaty.

The war on terrorism was not the kind of war that was envisioned when the convention was signed, Fleischer said.

The decision has significant legal implications for the more than 150 detainees held at the Guantanamo Bay Naval Base in Cuba.

The convention sets universal international standards for the humane treatment of prisoners of war. Under the agreement, such prisoners cannot be compelled to give more than their name, rank and serial number.

The United States has refused to consider those detained at Guantanamo as prisoners, provoking an international storm of controversy.

U.S. officials, speaking on the condition of anonymity, said the decision was designed to ensure that U.S. soldiers would be afforded protections covered by the Geneva Convention in the event they are captured.

The administration has said the Guantanamo Bay detainees are being treated humanely regardless of their legal designation. Bush does not consider them prisoners of war, but still believes the Geneva Convention applies to some, said the officials. They said the decision resolves a legal question involving the detainees, but does not substantially change how the U.S. had decided to treat them.

credits