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The Rule of Law and the Rules of War
New York Times ^ | 5/15/04 | Alberto Gonzalez

Posted on 05/15/2004 5:53:21 AM PDT by conservative in nyc

May 15, 2004
OP-ED CONTRIBUTOR

The Rule of Law and the Rules of War

By ALBERTO R. GONZALES

WASHINGTON — With questions being raised regarding the treatment of detainees in both Guantánamo Bay and Iraq, it is important to revisit the origins of what has been a consistent and humane policy by the United States on this matter.

Shortly after Al Qaeda killed 3,000 people on 9/11, President Bush stood before Congress and explained the nature of the war on terrorism. He described "a lengthy campaign, unlike any other we have ever seen," with "dramatic strikes" and "covert operations." He also said that the United States "will pursue nations that provide aid or safe haven to terrorism." Americans strongly supported him and the civilized world joined in our resolve.

In February 2002, President Bush determined that Al Qaeda terrorists were not prisoners of war under the treaty known as the Third Geneva Convention. Al Qaeda could not be a party to the convention because it is not a state. The president also determined that while the Taliban — Al Qaeda's collaborators — were covered by the treaty, they did not qualify as prisoners of war under the terms of the treaty. It stipulates that combatants must distinguish themselves from the civilian population, which the Taliban clearly did not.

At the same time, President Bush recognized that our nation will continue to be a strong supporter of the Geneva treaties. The president also reaffirmed our policy in the United States armed forces to treat Al Qaeda and Taliban detainees at Guantánamo Bay humanely and, to the extent appropriate and consistent with military necessity, in keeping with the principles of the Third Geneva Convention.

The determinations the president made regarding Al Qaeda and the Taliban are not mere legalisms. Geneva establishes protections for combatants who fight on behalf of states that have agreed to comply with the conventions and who distinguish themselves from civilians. That, in part, is how one earns prisoner-of-war status. According that status to terrorists who hide among civilian populations and viciously flout the core Geneva principle of protecting the innocent would provide a perverse incentive to terrorists to continue to operate in violation of the laws of war.

Despite being a crucial front in the war on terrorism, Iraq presents a very different situation. Both the United States and Iraq are parties to the Geneva Conventions. The United States recognizes that these treaties are binding in the war for the liberation of Iraq. There has never been any suggestion by our government that the conventions do not apply in that conflict. Although recent news reports from Iraq have caused some to question our commitment to the treaties, make no mistake that the United States is bound to observe the rules of war in the Geneva Conventions.

The abuse of any prisoner is abhorrent. Americans, including the hundreds of thousands who serve with dedication and honor in our armed forces, viewed the images of the treatment of detainees in Abu Ghraib prison with disbelief and anger. The United States government understands and seeks to comply with its legal obligations and will act swiftly and responsibly under the law to address violations of those obligations. We must both protect our citizens from attacks by terrorists and protect the values our citizens cherish.

Alberto R. Gonzales is the counsel to the president.

Copyright 2004 The New York Times Company | Home | Privacy Policy | Search | Corrections | Help | Back to Top


TOPICS: Editorial; News/Current Events; War on Terror
KEYWORDS: abughraib; abuse; albertogonzalez; bush; iraqipow; prisoners; slimes; wot
About time the White House responded to the Slimes. Not surprisingly, it gets buried in the leat-read Saturday paper.
1 posted on 05/15/2004 5:53:21 AM PDT by conservative in nyc
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To: conservative in nyc; joesnuffy; Ragtime Cowgirl

Thanks for the post..FYI


2 posted on 05/15/2004 6:05:19 AM PDT by MEG33 (John Kerry's been AWOL for two decades on issues of National Security!)
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To: Tiger500
Maybe there needs to be a new set of GC rules to cover Terrorism.

The GC specifically excludes terrorists from protection as a means of protecting civilians. Any combatants caught out of properly insigniaed Iraqi uniform should have been summarily hanged in the city courtyards from the start and buried in pigskins like Black Jack Pershing did it in the Philipine insurrection.
4 posted on 05/15/2004 6:44:08 AM PDT by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - Islam Delenda Est! - Rumble thee forth...)
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To: UnbelievingScumOnTheOtherSide

Liberalism caused all these things that happened in the prisons in Iraq. So the liberals in this country need to examine themselves and their actions. They are the ones that took prayer out of school, teach early childhood sex, teach that homosexual behavior is ok, let MVT and BET be available to all children to see, promote the porn industry, teach about free sex, distribute condoms to high school students. So the liberal promote all this kind of activity that the soldiers are doing over in Iraq, so what is the problem…..?


5 posted on 05/15/2004 6:49:55 AM PDT by Ramtek57
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To: Ramtek57

"Liberalism caused all these things that happened in the prisons in Iraq. So the liberals in this country need to examine themselves and their actions. They are the ones that took prayer out of school, teach early childhood sex, teach that homosexual behavior is ok, let MVT and BET be available to all children to see, promote the porn industry, teach about free sex, distribute condoms to high school students. So the liberal promote all this kind of activity that the soldiers are doing over in Iraq, so what is the problem…..?"
Good observation. To paraphrase that old movie "Love Story", liberalism "means never having to say you're sorry"...then denying and projecting the blame on someone else.


6 posted on 05/15/2004 7:34:58 AM PDT by Springfield45 (Bush WON, Democrats. Now YOU get over it.)
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To: conservative in nyc
You don't think the LAME STREAM media are going to let GW get his message out do you? After all he's just not FDR or the original JFK. Their two largest deities before they get to their mega gods Marx and Lenin.
7 posted on 05/15/2004 7:37:01 AM PDT by SandRat (Duty, Honor, Country. What else needs to be said?)
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Comment #9 Removed by Moderator

To: Tiger500

You tell me?


10 posted on 05/15/2004 5:44:31 PM PDT by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - Islam Delenda Est! - Rumble thee forth...)
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