he
European elite has finally objected to the treatment of prisoners
in Cuba. Of course, it's not the political prisoners tortured by Fidel
Castro, but the captured Taliban and al Qaeda terrorists held in Guantanamo
Bay by the U.S. who are the objects of their solicitude.
By any reasonable
standard, the prisoners there are being treated humanely, especially
given the temporary nature of the facility and the dangerousness
of the detainees. They are receiving food, shelter, and even copies
of the Koran. But the stringent security measures the see-through
cages, the hoods when in transit are necessary. For these
prisoners, every surrender is a possible prelude to a prison riot,
every visit to a hospital a possible set-up to a suicide attack.
That's because
these detainees aren't soldiers, but part of a murderous gang that
exists outside all civilized strictures. The Geneva Convention does
not apply to al Qaeda members, since they did not, as required by
the convention to qualify for its protections, wear proper uniforms,
answer to a responsible chain of command, and abide by the rules
of war (or sign the treaty, for that matter). They are war criminals.
Now, the administration has yet to say clearly whether it considers
Taliban as well as al Qaeda prisoners unlawful combatants. If it
does not, it is obliged to hold hearings to sort out the legitimate
prisoners of war.
The conditions
of Camp X-Ray are not meant as a de facto punishment; the camp should
be a temporary expedient for penning the prisoners up until they
can be dealt with appropriately, which for the unlawful combatants
means a trial before a military tribunal followed by either a swift
execution or long-term imprisonment. One reason that critics want
the administration to agree that the Geneva Convention applies to
all Guantanamo prisoners is that it would afford them the same legal
rights that apply to U.S. soldiers and thus let them circumvent
the military tribunals. But the fact that the al Qaeda detainees
need to be tried at all should point out the absurdity of considering
them POWs; real POWs aren't tried, but simply held and released
at the end of the conflict.
To obscure
these distinctions is to blur the difference between civilization
and barbarity. Members of al Qaeda chose the latter, and we have
no obligation to protect them from the consequences of that choice.
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