How "Geneva Conventions" are used to mislead
The debate over detainee mistreatment at Abu Ghraib, Guantanamo and elsewhere is invariably set in terms of the Geneva Conventions and their possible violation.
Framing the debate in this way has given the Bush Administration and the Pentagon a rhetorical advantage.
First, as Justice Department lawyers have argued, since the Geneva Conventions formally apply to state-to-state conflicts with lawful combatants wearing uniforms, they do not, strictly speaking, apply to many of the detainees.
Second, those leaders who, despite legal arguments to the contrary, decided that the Geneva Conventions ought to apply to the prisoners thereby portray themselves as especially noble. Treating the prisoners humanely is seen as a supererogatory act of kindness, rather than as what is simply owed to them as human beings.
Furthermore, focus on the Geneva Conventions frames the debate in terms of warfare and laws that pertain to warfare, even though it is unclear whether and to what extent we are, strictly speaking, at war.
Finally, since most people are unfamiliar with the Geneva Conventions, framing the debate in this way serves to cloud the relevant moral questions in the public mind.
This whole way of framing the issue obscures the simple fact that the treatment of detainees at Abu Ghraib and elsewhere violates universally acknowledged human rights -- standards that apply to all human beings everywhere and at all times, regardless of war and peace, nationality, religion or circumstances.
Thus I suggest critics reframe the debate simply and explicitly in terms of human rights. And there are already codified principles at hand for the purpose.
First, there is the United Nations' Universal Declaration of Human Rights, formulated by a committee chaired by Eleanor Roosevelt and adopted by the UN in 1948.
According to Article 5 of the Declaration, "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."
Second, there is the International Covenant on Civil and Political Rights, which the United States ratified in September 1992.
Article 7 of the Covenant repeats Article 5 of the Declaration: "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."
It may be objected that the International Covenant only applies to "all individuals within [a state's] territory," (cf. Article 2) and not to the treatment of foreigners abroad. But this runs counter to the universalizing language of the preamble and the rest of the document. By "no one," Article 7 clearly means "no one" -- not "no residents."
It may also be objected that the Universal Declaration of Human Rights is just that -- a declaration, without enforcement power. However, the straightforward denial of universal human rights is not a claim that our political and military leaders can make without general disapproval.
Thus, the debate on the detainee scandals ought to be reframed simply in terms of human rights abuses. The photos of Abu Ghraib aren't simply about violations of agreed "conventions" of warfare. They're about naked affronts to human dignity and the universally acknowledged rights that protect it.
I suggest that critics reframe the debate by asking the following questions of the Administration:
- According to Article 5 of the Universal Declaration of Human Rights, "No one shall be subject to cruel, inhuman, or degrading treatment or punishment." Even though the detainees may not fall under the Geneva Conventions, don't you think that Article 5 should apply to them simply as human beings?
- According to Article 7 of the International Covenant on Civil and Political Rights, which the United States ratified in 1992, "No one shall be subject to cruel, inhuman, or degrading treatment or punishment." Don't you believe this principle ought to apply to all detainees, even if they don't fall under the Geneva Convention?
- Do you believe the detainees, simply as human beings, have the right not to be treated in a cruel, inhuman, or degrading matter?
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