The Simon has a really interesting editorial on the side-stepping of Geneva Conventions by the Pentagon and how it applies to the War on Terror and Abu Ghraib. There’s even a provision that would render the complaint that terrorists are not covered under Geneva a moot debate. Read it in “The Geneva Convention Question”:
Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.
Perhaps more importantly, especially with the circulation of the Abu Ghraib photos, if the Bush Administration can legally prove the Geneva Conventions do not apply to terrorists, they avoid the risk of criminal trial under the War Crimes Act. The War Crimes Act is a little-known act passed by Congress in 1996 which prohibits grave breaches of the Geneva Convention, such as “outrages against personal dignity.”
Certainly a refreshing analysis of the scandal.
The Geneva Convention Question [The Simon]