Bush backs down: detainees to have protections of Geneva Conventions

[Hurin_Rules]

Although this came up in a related thread (about the supreme court decision that affected this reversal), I think some of you might have missed the news, and it surely deserves its own thread.

In essence, the Bush Administration has now backed down and will henceforth recognise that all detainees in US custody--including Gitmo (and, one must assume, any 'ghost detainees' or detainees about to be 'rendered' to other governments)--now have the protections of common article 3 of the Geneva conventions.

The news came in the form of a memo from the office of the Secretary of Defense. You can read the actual memo here:

http://graphics8.nytimes.com/package...tagon_memo.pdf

Commentary by news sites is here:

http://www.nytimes.com/2006/07/11/wo...rtner=homepage

Common article 3 of the Geneva conventions state the following:

Article 3

In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each party to the conflict shall be bound to apply, as a minimum, the following provisions:

1. Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.

To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:

(a) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

(b) Taking of hostages;

(c) Outrages upon personal dignity, in particular, humiliating and degrading treatment;

(d) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

2. The wounded and sick shall be collected and cared for.

An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.

The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.

The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.