Geneva Convention Relative to the Treatment of Prisoners of War. Diplomatic Conference for the Establishment of International Conventions for the Protection of Victims of War, 12 Aug. 1949. 10 Mar. 2008 <http://www.unhchr.ch/html/menu3/b/91.htm>.
Rhetorical Situation: This document is a treaty agreement that was drafted and agreed upon by many of the civilization nations in the world. There are three main documents of which this is the third, written in August, 1949. It basically lays out international rules of conduct in a time of war. The purpose of the document is ideally to maintain the rights of human beings involved in the war and to keep those not voluntarily directly involved in combat, out of harm’s way. This document probably came about after the world witnesses the atrocities that occurred during World War II and everyone agreed this kind of combat could not continue or the world would be an unbelievably dangerous place to live. The audience here is ideally every single human being who would ever participate in combat for any nation, whether it is “civilized” or not. The purpose is for the audience to know the rules inside and out, but more importantly to adhere to them and in turn, preserve humanity across the world in a time of war.
Article 13
Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the present Convention…Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation.
In this article of the Geneva Conventions, humanitarian law states clearly that prisoners of war MUST be treated humanely. This is not the case in Iraq, so why??? I think the soldiers who are abusing the prisoners are not doing so to intentionally violate international laws and regulations protecting human dignity in war just because they are evil. I think they are doing so because they see a loophole in this case (see below), or they do not view these prisoners at human beings because it has been engrained in their minds that this is not the case. It seems so easy to say that all prisoners of war should be humanely treated in all cases, but clearly the US views the circumstances of this war as an exception to the rules laid out in the Geneva Conventions. Why is this? Is it because we feel we are owed something because of the suffering we endured on 9/11? We see it as payback for what happened to us on 9/11. It is okay to abuse these 900 men who we do not view as humans because thousands of innocent Americans dies as a result of their alleged friends’ actions. **In another article one of the accused soldiers who was really just a reservist, claims he did not even know about the Geneva Conventions and was not well-versed enough in it to know that what he was doing was violating those rules.
Article 17
Every prisoner of war, when questioned on the subject, is bound to give only his surname, first names and rank, date of birth, and army, regimental, personal or serial number, or failing this, equivalent information.
This is interesting because it shows how the context of the Geneva Convention is a bit outdated in this case. The Iraqi soldiers do not all have a rank, an army, a regimental, and a personal or serial number. In the last part when it says, “failing this, equivalent information,” it does take into account the possibility of not having all of the above information, but that is only if the prisoner “fails” to have that information (a negative connotation). This is troubling because it could lead to the US soldiers being confused about what information they need from the prisoners. Without full access to the above information, the soldiers may not view the Iraqis as their equals, as legitimate soldiers, as humans. With no rank, personal serial number, or army and regiment to their name, the Iraqis may seem like a lesser being to the US soldiers who work long and hard for their titles etc. (Although not all abusers were soldiers, some were reservists and some were civilians…look more into this).
Each Party to a conflict is required to furnish the persons under its jurisdiction who are liable to become prisoners of war, with an identity card showing the owner’s surname, first names, rank, army, regimental, personal or serial number or equivalent information, and date of birth. The identity card may, furthermore, bear the signature or the fingerprints, or both, of the owner, and may bear, as well, any other information the Party to the conflict may wish to add concerning persons belonging to its armed forces. As far as possible the card shall measure 6.5 x 10 cm. and shall be issued in duplicate. The identity card shall be shown by the prisoner of war upon demand, but may in no case be taken away from him.
It is probable that if some Iraqi prisoners do not have official rankings and regiments, they will not have these identification cards either, so it is possible this was seen as a loophole for the soldiers who abused them. They could have thought that since the prisoners had no ID card, they (the prisoners) were technically violating the Geneva Conventions and therefore, could use any means necessary to get such information along with more valuable information about other suspected terrorists if they just push them hard enough.
No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to any unpleasant or disadvantageous treatment of any kind.
Reinstates how the incidents at Abu Ghraib undoubtedly violate Part II, Section I, Article 17 of the Geneva Conventions.
Article 21
The Detaining Power may subject prisoners of war to internment. It may impose on them the obligation of not leaving, beyond certain limits, the camp where they are interned, or if the said camp is fenced in, of not going outside its perimeter. Subject to the provisions of the present Convention relative to penal and disciplinary sanctions, prisoners of war may not be held in close confinement except where necessary to safeguard their health and then only during the continuation of the circumstances which make such confinement necessary.
Possibly a part of the Convention they did follow. They are allowed to intern prisoners but it is a close call because they may NOT be held unless it is necessary to keep them safe. The army could argue they were keeping them safe because there was combat in Iraq, but they did NOT keep them safe and healthy while inside the prison. They striped them naked and forced them to humiliate themselves.
SECTION VI
RELATIONS BETWEEN PRISONERS OF WAR AND THE AUTHORITIES
Chapter I
COMPLAINTS OF PRISONERS OF WAR RESPECTING THE CONDITIONS OF CAPTIVITY
Article 78
Prisoners of war shall have the right to make known to the military authorities in whose power they are, their requests regarding the conditions of captivity to which they are subjected.
They shall also have the unrestricted right to apply to the representatives of the Protecting Powers either through their prisoners’ representative or, if they consider it necessary, direct, in order to draw their attention to any points on which they may have complaints to make regarding their conditions of captivity.
Prisoners’ representatives may send periodic reports on the situation in the camps and the needs of the prisoners of war to the representatives of the Protecting Powers.
There were no sufficient periodic reports on the situation in the prison and the needs of the prisoners, so this shows how there was a breakdown on the authorities’ parts as well as the individual soldiers. This shows it was not just a few soldiers acting out and violating rules they did not know about. The authorities did not follow all the regulations either in this case.