Intl. law frowns on Ritter-Gitmo plan
Slight problem with Colorado Gov. Bill Ritter’s proposal to bring the Gitmo detainees to Colorado’s SuperMax federal prison complex. It’s not only a bad idea that should be opposed on policy grounds — it would actually violate the Laws of War.
References: Channel 7 “Could Gitmo Terror Suspects be coming to Colorado?” … Denver Post “Ritter favors bringing detainees to Supermax”… Rocky “Lawmakers urge Ritter not to accept Gitmo prisoners.”
Now, I was a bit rusty on my Laws of War instruction as the story broke, but when I heard about Ritter’s proposal to bring captured enemy combatants to Colorado’s civilian prisons, something didn’t ring quite true – so I decided to do a bit of research. I didn’t have to dig very far (heck, I’m not even a lawyer) to discover the following:
The Geneva Convention (III) Relative to the Treatment of Prisoners of War states specifically that combatant prisoners may NOT be held among the general (civilian) prison population. The language of the convention is quite clear: regarding where captured enemy combatants may be held, Article 22 of the conventions states clearly and unequivocally that “they shall not be interned in penitentiaries.”
So, when do the impeachment proceedings and war crimes trials begin?
The author can be reached at captainarapahoe@earthlink.net
Pretty pathetic and grossly distorted representation about what the Geneva Convention says in this regard.
Here’s what it ACTUALLY states in Article 22, that military prisoners may be interned in penitentiaries “in particular cases which are justified by the interest of the prisoners themselves.” Here’s the full text from the Office of the UN High Commissioner on Human Rights, given that your Yale link did not function:
“Article 22
Prisoners of war may be interned only in premises located on land and affording every guarantee of hygiene and healthfulness. Except in particular cases which are justified by the interest of the prisoners themselves, they shall not be interned in penitentiaries.
Prisoners of war interned in unhealthy areas, or where the climate is injurious for them, shall be removed as soon as possible to a more favourable climate.
The Detaining Power shall assemble prisoners of war in camps or camp compounds according to their nationality, language and customs, provided that such prisoners shall not be separated from prisoners of war belonging to the armed forces with which they were serving at the time of their capture, except with their consent.”
See for yourself, on the U.N.’s official Geneva Convention site: http://www.unhchr.ch/html/menu3/b/91.htm
by Bill Menezes | Tuesday, Jan 27, 2009 | 2:07 pm