DOS Memo re: Press Guidance: Application of the Geneva Conventions in Iraq Conflict and in the War on Terrorism

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Memo, among other things, describes the U.S. government's application of the Geneva Convention with respect to the War on Terrorism and differentiates the U.S. government's treatment of detainees from the Iraq's treatment of American detainees.

Doc_type: 
Non-legal Memo
Doc_date: 
Thursday, March 27, 2003
Doc_rel_date: 
Wednesday, December 29, 2004
Doc_text: 

UNCLASSIrele)

L Press Guidance ( 9-c,--1)
-

RELEASED IN FULL -
March 27, 2003
APPLICATION OF GENEVA CONVENTIONS
IN IRAQ CONFLICT AND IN THE WAR ON TERRORISM

Q. Isn't the United States applying a double standard by
invoking the protections of the Geneva Conventions when its
soldiers are captured by Iraq but denying the same
protections to those it has captured in Afghanistan and
elsewhere in the global war on terrorism?

A.


ABSOLUTELY NOT.


THE UNITED STATES IS A STRONG SUPPORTER OF THE GENEVA
CONVENTION ON PRISONERS OF WAR.


AS SPOKESPERSONS FOR THE DEPARTMENT OF DEFENSE HAVE
STATED, "WE ARE TREATING ALL THE [IRAQI] POWS IN
ACCORDANCE WITH THE GENEVA CONVENTIONS, WITH DIGNITY AND
RESPECT, AND THEY WILL SOON HAVE ACCESS TO THE

[INTERNATIONAL COMMITTEE OF THE RED CROSS]."


IRAQ IS A PARTY TO THE GENEVA CONVENTIONS, AND THE UNITED
STATES IS TREATING CAPTURED SOLDIERS IN THE IRAQI REGULAR
ARMY AS POWS UNDER THE CONVENTION.


ALTHOUGH AFGHANISTAN WAS A PARTY TO THE GENEVA
CONVENTIONS, THE PRESIDENT DETERMINED THAT THE MEMBERS OF
THE TALIBAN WHO WERE DETAINED DID NOT MEET THE CONDITIONS
FOR BEING CONSIDERED POWS UNDER THE GENEVA CONVENTION.

UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: CHARLES L DAMS DOS-001844
UNCLASSIFIED
DATE/CASE ID: 14 DEC 2004 200303827

THE PRESIDENT CONCLUDED THAT AL QAIDA IS AN INTERNATIONAL
TERRORIST GROUP AND CANNOT BE CONSIDERED A STATE PARTY TO
THE GENEVA CONVENTION. ITS MEMBERS WERE NOT THEREFORE
COVERED BY THE GENEVA CONVENTION AND ARE NOT ENTITLED TO
POW STATUS UNDER THE TREATY.


NONETHELESS, THE PRESIDENT MADE IT CLEAR THAT CAPTURED
INDIVIDUALS WERE TO BE TREATED HUMANELY AND IN A MANNER
CONSISTENT WITH THE PRINCIPLES OF THE GENEVA CONVENTIONS.


THIS DEMONSTRATES OUR CLEAR COMMITMENT TO THE PRINCIPLES
OF THE GENEVA CONVENTIONS.

IF PRESSED ON GUANTANAMO DETAINEES:


SPECIFICALLY, NEITHER THE TALIBAN NOR AL QAIDA MEMBERS
QUALIFY AS LAWFUL COMBATANTS (OR POWS) UNDER ARTICLE 4 OF
THE THIRD GENEVA CONVENTION OF 1949 BECAUSE THEY FAILED
TO SATISFY THE FOLLOWING CONDITIONS:


BE PART OF A MILITARY HIERARCHY;


WEAR UNIFORMS OR OTHER DISTINCTIVE SIGNS VISIBLE AT
A DISTANCE;


CARRY ARMS OPENLY; AND


CONDUCT THEIR MILITARY OPERATIONS IN ACCORDANCE WITH
THE LAWS AND CUSTOMS OF WAR.


WE HAVE ALWAYS SAID WE WILL TREAT THOSE DETAINED AT
GUANTANAMO HUMANELY AND IN A MANNER CONSISTENT WITH THE
THIRD GENEVA CONVENTION OF 1949. THOSE RELEASED FROM
GUANTANAMO HAVE DEPARTED IN A BETTER CONDITION THAN WHEN
THEY ARRIVED.


BOTTOM LINE - GUANTANAMO DETAINEES ARE RECEIVING THE
BASIC PROTECTIONS NORMALLY AFFORDED POWS. THE UNITED
STATES IS PROVIDING:


SHELTER,


RUNNING WATER AND TOILETS,


BEDS AND BLANKETS,


PERSONAL TOILETRIES,


NEW TOWELS AND WASHCLOTHS,


NEW CLOTHING AND SHOES,


THE OPPORTUNITY TO TAKE SHOWERS REGULARLY, AND


THREE CULTURALLY APPROPRIATE MEALS A DAY (AVERAGE
WEIGHT GAIN HAS BEEN ABOUT 14.5 LBS PER PERSON).


EACH DETAINEE HAS HIS OWN LIVING UNIT.


THE UNITED STATES IS PROVIDING DETAINEES EXCELLENT
MEDICAL AND DENTAL CARE -- THE SAME TYPE OF CARE
AVAILABLE TO U.S. TROOPS. FOR EXAMPLE, DETAINEES HAVE
RECEIVED ROUTINE MEDICAL AND DENTAL CARE, PRESCRIPTION
MEDICATION, EYE EXAMINATIONS AND CORRECTIVE EYEWEAR,

REPAIRED OR NEW PROSTHETIC DEVICES, AND, WHEN SERIOUS
MEDICAL CONCERNS REQUIRE, HOSPITALIZATION AND SURGERY.

Drafted:L/PM-JADolan; S/WCI-RMiller-ok

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Cleared:
L-WHTaft-ok
L-JHThessin-ok
S/WCI-RMiller-ok
DoD/OGC-PMcCarthy-ok
L/NP-ECummings-ok
NEA/P:GSullivan;RHShore-ok

Doc_nid: 
6479
Doc_type_num: 
63