Wronged at Guantanamo

The criticism comes from American allies such as Great Britain and Australia, from human rights groups and the Red Cross, and from retired US military and diplomatic officers. The critics are trying to remind forgetful leaders in Washington why their predecessors originally signed and ratified the Geneva Conventions.

If Bush continues to use the excuse of an open-ended war on terrorism to rationalize his disregard of the Geneva Conventions, what justification will he or a successor have to demand legal treatment of Americans who might be subjected to similar extralegal captivity? It was for the purpose of protecting captured Americans that the reciprocal assurances of the Geneva Conventions were ratified in 1955 and so became US law.

That law obligates Bush to release and repatriate all those incarcerated on Guantanamo solely for having fought as Taliban armed forces during the war in Afghanistan. He must also release captured civilians with no substantial connection to Al Qaeda. Any detainee implicated in war crimes, crimes against humanity, or acts of terrorism must be tried in a court that guarantees a fair trial in accordance with international legal standards.

As for internees on Guantanamo who were captured outside a war zone and had no involvement in an armed conflict, the laws of war do not apply to them. But precedents of international human rights law should apply. If they are not released, they must be charged with a crime and granted legal counsel.

In a maneuver that has been grist for the mill of anti-American propagandists, Bush has sought to evade the Geneva Conventions by gratuitously labeling the Guantanamo detainees "unlawful enemy combatants." The Geneva Conventions require, however, that a "competent tribunal" must be convened to determine on a case-by-case basis whether a detainee does not merit the status and protections of a prisoner of war.

Even in operational terms, the Bush treatment of the internees in Guantanamo is indefensible. Any intelligence information that might have been elicited from a terrorist suspect a year ago could no longer be of value in preventing an imminent terrorist attack.

Bush should repatriate POWs, charge and try suspected terrorists, and release other detainees who had the misfortune to be in the wrong place at the wrong time. America should not itself act as a law-breaker in its pursuit of Al Qaeda criminals. Bush should repatriate POWs, charge and try suspected terrorists, and release other detainees who had the misfortune to be in the wrong place at the wrong time. America should not itself act as a law-breaker in its pursuit of Al Qaeda criminals.