Press release from the Office of the White House Press Secretary, discussing the status of Taliban and Al-Qaeda detainees at Guantanamo. The press release outlines that detainees are not POWs and while they will be treated humanely and in accordance with the principles of the Geneva Convention, they will not receive POW privileges.
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THE WHITE HOUSE
Office of the Press Secretary
For Immediate ReleaseeFebruary 7, 2002
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 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 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
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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.
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.
Qe
MR. FLEISCHER: What this announcement signifies is the
President's dedication to the importance of the Geneva
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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.
And then why do this? Is it because of the second
part of the question?
Q.
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. •
So, Ari, 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.
Q.
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.
Qe
That's true of the Taliban, too, right?
MR. FLEISCHER: Correct.
So what is the difference? How will the al Qaeda and
the Taliban detainees be treated differently?
Qe
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
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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.
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 V.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.
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Qe
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: It's 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 --
Q.
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 line: 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.
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?
Q.
MR. FLEISCHER: The terms of the Geneva Convention apply to
all, and those terms speak for themselves.
Okay, thank you everybody.
END
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