Press release from the White House affirming the Bush administration's belief in the Geneva Convention, but noting that Taliban detainees are not entitled to POW status and that members of al-Qaeda are not covered by the Convention.
CO5951421 by the Press Secretary on the Geneva Convention
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President George W. Bush
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For Immediate Release
Office of the Press Secretary
May 7, 2003
Statement by the Press Secretary on the Geneva Convention
The James S. Brady Briefing Room
1:40 P.M. EST
MR. FLEISCHER: I have an announcement to make. Today President Bush affirms our enduring commitment to
the important principles of the Geneva Convention. Consistent with American values and the principles of the
Geneva Convention, the United States has treated and will continue to treat all Taliban and al Qaeda detainees in
Guantanamo Bay humanely and consistent with the principles of the Geneva Convention.
They will continue to receive three appropriate meals a day, excellent medical care, clothing, shelter, showers,
and the opportunity worship. The International Community of the Red Cross can visit each detainee privately.
In addition, President Bush today has decided that the Geneva Convention will apply to the Taliban detainees, but i
not to the al Qaeda international terrorists.
Afghanistan is a party to the Geneva Convention. Although the United States does not recognize the Taliban as a
legitimate Afghani government, the President determined that the Taliban members are covered under the treaty
because Afghanistan is a party to the Convention.
Under Article 4 of the Geneva Convention, however, Taliban detainees are not entitled to POW status. To qualify
as POWs under Article 4, al Qaeda and Taliban detainees would have to have satisfied four conditions: They
would have to be part of a military hierarchy; they would have to have worn uniforms or other distinctive signs
visible at -a-distance;-they-would-have-to-have-carried-arms-openly;-and they-would-have-to have conducted their—
military operations in accordance with the laws and customs of war.
The Taliban have not effectively distinguished themselves from the civilian population of Afghanistan. Moreover,
they have not conducted their operations in accordance with the laws and customs of war. Instead, they have
knowingly adopted and provided support to the unlawful terrorist objectives of the al Qaeda.
Al Qaeda is an international terrorist group and cannot be considered a state party to the Geneva Convention, Its
members, therefore, are not covered by the Geneva Convention, and are not entitled to POW status under the
treaty.
The war on terrorism is a war not envisaged when the Geneva Convention was signed in 1949. In this war, global
terrorists transcend national boundaries and internationally target the innocent. The President has maintained the
United States' commitment to the principles of the Geneva Convention, while recognizing that the Convention
simply does not cover every situation in which people may be captured or detained by military forces, as we see
in Afghanistan today.
He arrived at a just, principled and practical solution to a difficult issue. The President did so because, as
Americans, the way we treat people is a reflection of America's values. The military operates under a code of
conduct that upholds these values, based on the dignity of every individual.
The American people can take great pride in the way our military is treating these dangerous detainees. The
Convention remains as important today as it was the day it was signed, and the United States is proud of its 50-
year history in compliance with the Convention.
Ron.
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005951421
by the Press Secretary on the Geneva Convention Page 2 of 3
Q Given that the President had long ago determined that none of these folks were prisoners of war, how, if at all,
does it change the way the Taliban and, separately, al Qaeda fighters will be treated at Guantanamo Bay? And
tell me how this might help protect U.S. forces if they happen to be captured in Afghanistan.
MR. FLEISCHER: What this announcement signifies is the President's dedication to the importance of the
Geneva Convention and to the principles that the Geneva Convention holds. In terms of the treatment of the
prisoners, even though the President has determined that they will not be treated legally as prisoners of war, they
will be afforded every courtesy and every value that this nation applies to treating people well while they're in our
custody. So 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.
Q And then why do this? Is it because of the second part of the question?
MR. FLEISCHER: It's because of the first answer I gave, which is because the President believes in the principles
and in the law of the Geneva Convention. He believes in its applicability; he believes in its importance; he
believes that that plays a role even in today's modern world where the applicability gets somewhat more
complicated as a result of an international terrorist organization that doesn't wear uniforms or insignias.
Q So, An, what you're telling us is that the Taliban prisoners, detainees at Guantanamo will not get any more
protections than they already are given under the Geneva Convention. What you seem to be telling us is the al
Qaeda detainees will get fewer.
MR. FLEISCHER: No. There is no change in the protections they will be provided. They have always been treated
consistent with the principles of the Geneva Convention, which means they will be treated well. If you're looking
for anything that will not happen as a result of this announcement, it is that they will not receive stipends from the
American taxpayers. They will not receive musical instruments courtesy of the United States military. They would
have received those had they been declared POWs.
Q That's true of the Taliban, too, right?
MR. FLEISCHER: Correct.
Q So what is the difference? How will the al Qaeda and the Taliban detainees be treated differently?
MR. FLEISCHER: What the President is saying here is there's an important legal principle recognizing that
Afghanistan is a member state that agreed to the terms of the Geneva Convention. So the President is making
distinction between the al Qaeda and the Taliban.
But when it comes to the classification as POWs, neither group will be given POW legal designation, although
they will continue to be treated humanely, in accordance with America's values, which are reflected in the
Convention.
Q How is there any difference, Ari, in how they are treated? Is there any difference in how they are treated?
MR. FLEISCHER: That's what we've been saying all along. They will continue to be treated well because they're
in the custody of America.
Q They will be treated the same, al Qaeda and Taliban detainees will be treated equally.
MR. FLEISCHER: No distinction will be made in the good treatment given to the al Qaeda or the Taliban.
Q So this is a distinction without a difference, really?
MR. FLEISCHER: No, it's a distinction based on the legal principle that the President believes in the Geneva
Convention and it's important principles.
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Q But you have to say, Ari, that day to day nothing is going to change that will be noticeable for these detainees.
That's correct, right?
MR. FLEISCHER: They will continue to be treated well. No change in that treatment.
Q So applying the Convention here is being done solely to protect U.S. citizens, and namely, U.S. soldiers, who
may be in a situation overseas held by a foreign government. Is that correct? is.that's the principle that's being
upheld?
MR. FLEISCHER: No, the principle is that this country and this President, of course, believe in and adhere to the
Geneva Convention. In any case, the United States would always be covered by the Geneva Convention, our
military, because as I mentioned, under Article 4, you have to wear a uniform, you have to wear an insignia, carry
your weapons outside, be distinguishable from the civilian population, all of which covers our military.
Q But the concern, the debate here was about if you don't do it here, then U.S. soldiers could be mistreated
abroad. Isn't that correct? And so isn't that a big motivation here, to make sure that U.S. soldiers get this same
kind of treatment?
MR. FLEISCHER: Its important for all nations, throughout the world, to treat any prisoners well. And that is
something the United States always expects, and the United States always does.
We have time for one more question, and then there's a pool. David will get one more, and then we'll --
Can you just be responsive to the specific point? Wasn't this an important concern? I understand what the
expectations are, but it was important for this administration to be able to say, look, we want to be able to protect
our soldiers in similar situations down the fine. And if we don't afford privileges under the Geneva Convention,
then our soldiers could be in peril?
MR. FLEISCHER: David, I was not in the NSC deliberations where various issues were raised. And so I really --
there's no way I can accurately answer that question.
Q What about the U.S. special forces? They don't -- they often do not wear uniforms. They often do not carry their
weapons outwardly. If they are captured, they wouldn't be prisoners of war?
MR. FLEISCHER: The terms of the Geneva Convention apply to all, and those terms speak for themselves.
Okay, thank you everybody.
END 1:48 P.M. EST
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