SON OF THE MOUSE THAT ROARD

Military Judges’ Benchbook For Trial of Enemy Prisoners of War Headquarters (Legal Services, Department of the Army Pamphlet 27–9–1, 4 October 2004)

1–1. Purpose and scope.

A. Purpose. This Military Judges’ Benchbook for Trial of Enemy Prisoners of War (EPWs) [footnote omitted] sets forth certain procedural steps required in the trial by court-martial of persons protected by the Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949 (GC III), including certain civilian personnel protected by the GC III. Under Article 102, GC III, EPWs can be validly sentenced only if they are sentenced under (1) the same court system and (2) the same procedures as members of the armed forces of the Detaining Power (DP) AND if (3) the court follows the provisions of Chapter 3, Penal & Disciplinary Sanctions, GC III. This Benchbook modifies DA Pam 27-9, Military Judges’ Benchbook, to incorporate the provisions of Chapter 3, GC III.

Alberto Gonzales is being criticized for suggesting that the Geneva Convention is archaic and quaint. It is hard to know what else to call an international agreement that requires that prisoners be given cigarettes -- behavior that, if it were not required, would probably be banned. More seriously, the Geneva Convention requires that prisoners be housed in the same type of accomodation as soldiers of the detaining power, that they shall be paid for their wages at the rate paid to soldiers of the detaining power for doing similar work and, as we see here, that they are entitled to the same justice as the detaining power offers to its own people.

In other words, we would have to treat Iraqi prisoners like Americans, while they can treat American prisoners like Iraqis. How long before we see this point made on the recruiting posters of our enemies?

Posted by David Cohen at December 28, 2004 7:52 PM