DOS Memo re: Talking Points on President Bush's Commitment to Treat Detainees in Accordance with the Geneva Conventions

UNCLASSIFIED

PRESS STATEMENT

FEBRUARY 7, 2002

RELEASED IN FULL
STATEMENT BY THE PRESS SECRETARY

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
CONTINUED 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 TO 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

NOT 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

UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: CHARLES L DARTS DOS-001813

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DATE/CASE ID: 14 DEC 2004 200303827

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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.

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TALKING POINTS

-- THE U.S. HAS TREATED AND WILL TREAT ALL TALIBAN AND AL
QAIDA DETAINEES HUMANELY AND CONSISTENT WITH THE PRINCIPLES
OF THE GENEVA CONVENTION.

-- THE PRESIDENT'S FEBRUARY 7 DECISION ON TALIBAN AND AL

QAIDA DETAINEES CONCERNED THE APPLICABILITY OF THE GENEVA

CONVENTION. AFTER CHAIRING TWO MEETINGS OF THE NSC ON THE

ISSUE, PRESIDENT BUSH HAS DECIDED THAT THE GENEVA
CONVENTION APPLIES TO TALIBAN DETAINEES, BUT NOT THE AL
QAIDA DETAINEES.

-- AL QAIDA IS A FOREIGN TERRORIST GROUP AND CANNOT BE

CONSIDERED A STATE PARTY TO THE GENEVA CONVENTION. ITS

MEMBERS THEREFORE ARE NOT COVERED BY THE GENEVA CONVENTION

AND CANNOT HAVE POW STATUS UNDER IT.

-- IN CONTRAST, AFGHANISTAN IS A PARTY TO THE GENEVA

CONVENTION. ALTHOUGH WE HAVE NOT RECOGNIZED THE TALIBAN AS

THE LEGITIMATE AFGHAN GOVERNMENT, THE PRESIDENT DETERMINED

THAT TALIBAN MEMBERS ARE COVERED BY THE TREATY BECAUSE

AFGHANISTAN IS A PARTY TO THE CONVENTION.

-- UNDER ARTICLE 4 OF THE CONVENTION, HOWEVER, TALIBAN

DETAINEES ARE NOT ENTITLED TO POW STATUS. THEY DO NOT FALL

WITHIN ANY OF THE CATEGORIES OF PERSONS SET FORTH IN

ARTICLE 4 WHO QUALIFY FOR POW TREATMENT.

-- THE GENEVA CONVENTION REQUIRES A TRIBUNAL ONLY IF THERE

IS "ANY DOUBT". THE U.S. HAS NO DOUBT THAT THE AL QAIDA

AND TALIBAN DETAINEES [BEING HELD IN GUANTANAMO] ARE NOT

POWS.

-- THIS DECISION DOES NOT AFFECT TREATMENT OF THE
DETAINEES. THEY HAVE BEEN AND WILL BE TREATED HUMANELY AND
RECEIVE; THREE MEALS A DAY, MEDICAL CARE, CLOTHING,
SHELTER, SHOWERS, AND THE OPPORTUNITY TO WORSHIP. THE
INTERNATIONAL COMMITTEE OF THE RED CROSS CAN VISIT EACH
DETAINEE PRIVATELY, A RIGHT ACCORDED ONLY TO POWS.

-- THE WAR ON TERRORISM IS A NEW TYPE OF WAR NOT
ENVISIONED WHEN THE GENEVA CONVENTION WAS SIGNED IN 1949.

IN THIS WAR, GLOBAL TERRORISTS TRANSCEND NATIONAL
BOUNDARIES, AND INTENTIONALLY TARGET THE INNOCENT.

-- THE PRESIDENT HAS MAINTAINED THE UNITED STATES'
COMMITMENT TO 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

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JUST, PRINCIPLED, AND PRACTICAL SOLUTION TO A DIFFICULT
ISSUE.

-- THE U.S. REMAINS COMMITTED TO THE GENEVA CONVENTION AND
PROUD OF ITS 50 YEARS OF COMPLIANCE WITH THE CONVENTION.
WE ARE ALSO OPEN TO DISCUSSING WITH OTHER NATIONS THE
POSSIBILITY OF A NEW INSTRUMENT CONCERNING THE TREATMENT OF
DETAINED PERSONS IN CONFLICTS NOT ENVISIONED IN 1949.

-- THIS DECISION SHOULD HAVE NO LEGAL OR PRACTICAL EFFECT
ON U.S. ARMED FORCES, WHICH ARE A REGULAR ARMED FORCE THAT
COMPLIES WITH THE LAWS AND CUSTOMS OF WAR.

.DOS-001816
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