DOS Cable re: Swiss Raise Application of Geneva Conventions to Treatment of Prisoners

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State Department cable to Washington recounting discussions with the Swiss government over concerns of not classifying Al-Qaeda and Taliban detainees in Guantanamo according to Geneva Conventions. It is clearly stated that the Swiss government takes the application of the Geneva Conventions very seriously and will continue to make this point with senior government officials.

Doc_type: 
Cable
Doc_date: 
Thursday, January 17, 2002
Doc_rel_date: 
Wednesday, December 29, 2004
Doc_text: 

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59A3C0 180748Z /38 0 171259Z JAN 02 FM AMEMBASSY BERN TO SECSTATE WASHDC IMMEDIATE 3733 UNITED STATES DEPARTMENT OF STATE INFO USMISSION GENEVA IMMEDIATE CLASSIFIED BY DEPT. OF, STATE, L. R. LOHMAN, DAS, A/RPS USMISSION USUN NEW YORK REVIEW AUTHORITY: SHARON E AHMAD
CLASSIFICATION: CONFIDENTIAL REASON: 1.4(B), 1.4(D)
AMEMBASSY THE HAGUE

DECLASSIFY AFTER: 17 JAN 2012
EUROPEAN POLITICAL COLLECTIVE

DATE/CASE ID: 17 DEC 2004 200303827
UNCLAS BERN 000104

DEPT FOR EUR/AGS, PRM KRECZKO, IO/P AND L-CUMMINS
GENEVA FOR MICHAEL PEAY

E.O. 12958: N/A
TAGS: PHUM, PREL, PREF, IO, AF, SZ
SUBJECT: SWISS RAISE APPLICATION OF GENEVA CONVENTIONS TO
TREATMENT OF PRISONERS

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1. ACTION REQUEST IN PARAGRAPH 7.

. SUMMARY: B1
TOLD THE AMBASSADOR IN SEPARATE MEETINGS JANUARY 16-17 THAT SWITZERLAND IS CONCERNED OVER WHETHER CONDITIONS FOR U.S. PRISONERS CAPTURED IN AFGHANISTAN MEET INTERNATIONAL HUMANITARIAN LAW REQUIREMENTS. THE GOS WILL SOON RAISE WITH THE DEPARTMENT ITS INTEREST IN DEFINING THE STATUS OF PRISONERS CAPTURED IN THE AFGHAN CONFLICT IN TERMS OF THE GENEVA CONVENTION. SWITZERLAND WISHES TO DISCUSS THE APPLICABILITY OF CERTAIN
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GENEVA CONVENTION ARTICLES TO THE U.S. TREATMENT OF AFGHAN

PRISONERS. END SUMMARY

3.
IN A SEPTEMBER 17 MEETING,
RAISED SWISS CONCERN OVER THE NEED TO DEFINE THE STATUS OF
THOSE HELD BY THE U.S. !SAID THAT, IF THOSE
HELD ARE NOT PRISONERS OF WAR, THEY SHOULD BE ACCORDED
TREATMENT GOVERNED BY UN RULES FOR DETAINEES. RAISING THE
SAME ISSUE ON SEPTEMBER 16,1 1NOTED THAT IT WILL BE
NECESSARY TO DEFINE THE STATUS OF THE PRISONERS (E.G.
CIVILIANS OR COMBATANTS) TO DETERMINE WHETHER A SPECIFIC
GENEVA CONVENTION APPLIES AND WHAT RIGHTS MUST BE ACCORDED
TO THEM (E.G., POSSIBLE ICRC VISITS).

4.
BOTH SENIOR OFFICIALS SAID THAT SWITZERLAND TAKES ITS
ROLE AS DEPOSITARY OF THE GENEVA CONVENTIONS VERY SERIOUSLY.
THEY INDICATED THAT HUMAN RIGHTS ADVOCATES IN SWITZERLAND
WERE ASKING THE GOS RAISE TO THE ISSUE OF THE GENEVA
CONVENTIONS' APPLICABILITY TO THE TREATMENT OF THE AL QAIDA.

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AND TALIBAN PRISONERS IN AFGHANISTAN AND GUANTANAMO, CUBA.'

5. AT BOTH MEETINGS, THE AMBASSADOR RESPONDED THAT, TO HIS
KNOWLEDGE, THESE PRISONERS OBTAINED FAIR TREATMENT --
ESPECIALLY IN LIGHT OF THEIR OFTEN VOLATILE BEHAVIOR.

COMMENTED THAT U.S. STEPS IN SELF-DEFENSE IN
AFGHANISTAN HAD CREATED AN UNPRECEDENTED SITUATION.
DRAFTERS OF THE GENEVA CONVENTIONS HAD NOT FORESEEN THIS NEW
KIND OF ARMED CONFLICT. HE BELIEVED IT WOULD BE A CHALLENGE
TO RESOLVE THE ISSUES OF INTERNATIONAL HUMANITARIAN LAW
RAISED BY THE LEGITIMATE ARMED U.S. INTERVENTION. HE
EXPRESSED CONCERN THAT SENIOR U.S. OFFICIALS HAD REPORTEDLY
TOLD THE PRESS THAT PRISONERS IN GUANTANAMO HAD NO LEGAL
RIGHTS.

. COMMENT:I

A JANUARY 16 ARTICLE IN THE GENEVA
"LE TEMPS" QUOTED CRITICISMS BY A UNIVERSITY OF GENEVA
INTERNATIONAL LAW PROFESSOR THAT THE US LEGAL APPROACH TO
THE AFGHANI PRISONERS WAS A VIOLATION OF INTERNATIONAL
HUMANITARIAN LAW. AMONG OTHER CRITICISMS IN THE ARTICLE,
THE PROFESSOR ALLEGED THAT THE U.S. WAS NOT ACCORDING THE
CORRECT COMBATANT STATUS TO THE FORMER TALIBAN FIGHTERS.

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7. ACTION REQUEST: EMBASSY SUGGESTS THE USEFULNESS OF THE
DEPARTMENT PROVIDING A "FACT SHEET" SUMMARY ON AFGHAN
PRISONER CONDITIONS FOR POST'S USE IN RESPONDING TO GROWING
OFFICIAL AND PUBLIC INQUIRIES ABOUT THE ISSUE.

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REYNOLDS

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UNCLASSIFIED DOS-001965

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