
It seems like the conservative party in the USA may be balking at the president’s latest attempt to circumscribe international law. The crux of the issue is whether the Geneva Convention, and article three in particular, applies to prisoners captured in the so called War on Terror.
One of the things that have served to ameliorate the worst aspects of war over the last century has been compliance with the Geneva Convention. This convention protected the rights of prisoners of war enabling them to be treated humanely while incarcerated.
By declaring all detainees caught in his War on Terror as enemy combatants the Bush administration had hoped that it had side stepped Geneva Convention, particularly article three’s prohibition against inhumane treatment of prisoners. But a declaration by the Supreme Court that the Geneva Convention is still binding left this strategy in tatters.
It had seemed, early in the month, that they Bush administration had grudgingly admitted defeat. The release of a new set of manuals requiring that all prisoners be treated in accordance with the Geneva Convention had just been released; a total u-turn on the previous policy.
However the Bush administration has returned with a new set of proposals recommending that Article Three be interpreted in a much narrower sense. The administration’s justification for this policy is that the War on Terror is a totally new type of war not envisaged by the architects of original convention, and the wording of article three is too vague. As a result, the interrogation techniques used by the CIA puts CIA staff at risk of criminal charges. In Bush's view, the safety and security of the American people required a tighter interpretation of Article Three, allowing a certain degree of mistreatment, as long as it fell short of actual torture.
The proposals, if approved will set a dangerous precedent, further eroding the rule of law. Fortunately the proposal is being strongly opposed in both Congress and the Senate by Republicans as well as Democrats. Former Secretary of State, Colin Powell is also strongly opposed. I hope that Congress and Senate hold their nerve and the rule of law prevails.
Sadly, the latest proposal is but a continuation of a policy trend that sees human rights as negotiable. Yet it is upholding those basic rights, even when it is not convenient, that separates the free from the despotic. George Bush claims to be a Christian who guided by higher moral principles. Yet his watch as president of the United States has been marked by some of the worst abuses at any time in the history of the United States. It seems that Bush’s view of morality is limited only to sexual behaviour and preferences. Such a view might win votes from religious conservatives, but is an overly narrow view of morality.
Conflict is an inevitable part of the human condition. That I accept. But to justify immoral behaviour on the basis of some ill defined War on Terror is, in my view, evidence of a moral vacuum that will cause major damage to the US and make the world less safe.