DOS Memo re: Talking Points and Fact Sheet on Guantanamo Detainees

This State Department fact sheet of Guantanamo detainees, listing total number in custody, reasons for US authority to detain them, their status under the Geneva convention, their treatment and transfer to foreign governments also serves as a talking points memo to address questions on the Guantanamo detainees.

Doc_type: 
Non-legal Memo
Doc_rel_date: 
Wednesday, December 29, 2004
Doc_text: 

"i .....

UNCLASSIFIED
FACT SHEET GUANTANAMO DETAINEES

Quick Facts

RELEASED IN FULL
• Total Detainees Currently in Custody: Approximately 618
• Total Detainees Released: Approximately 115 Authority to Detain

We are at war. Active hostilities are ongoing. The United States has the authority under the law of armed conflict and the responsibility to detain enemy combatants.


The capture· and detention ofenemy combatants, to remove them from the fighting, is consistent with the law of armed conflict. The U.S. complies with the law ofarmed conflict, including the tenet ofhumanity -a principle that the te~rists flagrantly violate.


Members ofthe Taliban and al Qaida are not entitled to Prisoner of War status under the Geneva Convention on Prisoners of War.


Under the terms ofthe Third Geneva Convention of 1949, however, the Talib~ are not entitled to POW status. Specifically, the Taliban did not 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 ofwar.

Treatment
• The United States has treated and will continue to treat enemy combatants humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of the Third Geneva Convention of 1949.
Transfer

Any determinations to transfer control ofan enemy combatant to a foreign govenunent would be made on a case-by-case basis and depend upon a variety of factors.


There is no legal requirement to release or transfer enemy combatants prior to the cessation ofthe conflict.

UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: SHARON E AHMAD
005-000435
DATE/CASE 10: 10 NOV 2004 200303827 UNCLASSIFIED

Doc_nid: 
5973
Doc_type_num: 
63