Introduction After the death of almost three thousand people on September 11, 2001, President George W.

Bush made the executive decision to declare war on the group responsible for the attack, Al Qaeda. As a result of an extremely violent political movement and not a nation State, President Bush made the executive decision to suspend the right to Habeas Corpus and to ignore the Geneva Convention Article III because these treaties did not apply to this group. Habeas Corpus is written into the United States Constitution such that it is the birthright of every American citizen when charged with a crime, to be tried and punished according to the law.1 The Geneva Convention is an international treaty that was established in 1949, as a way to create a set of rules and a code of conduct during war. 2 Soon after the American occupation of Iraq and Afghanistan there were dozens of accusations about American soldiers abusing and torturing suspected Al Qaeda member. Now the Obama Administration has to rewrite the mistakes of the Bush Administration and renew the United States commitment to the Geneva Convention; specifically the treatment of individuals who are prisoners of war and to allow detainees have the rights to Habeas Corpus since they are in American custody. Geneva Convention After World War II, countless countries and peoples witnessed the cruel and inhumane treatment that prisoners of war were subjected to. In order to prevent these acts from happening the Geneva Convention was created. Article III of the Geneva Convention outlined the treatment of prisoners of war. Under the third article there is explicit instruction that there will be no willful killing, torture or inhuman treatment, including biological experiments, willfully causing great suffering or serious injury to body or health compelling a prisoner of war to serve in the forces of the hostile Power; or willfully depriving a prisoner of war of the rights of fair and regular trial prescribed in this Convention. 3 Although this document has been the staple of international law the United States violated this agreement, in
1 2

Stumpf, J. Pg. 92 Greenberg & Dratel. Pg. 84 3 Greenberg, K., & Dratel, J. Pg. 85

Guantanamo Bay and Abu Ghraib, by humiliating, torturing, and murdering prisoners of war who were inside an American military base. For example, there was a detainee being beaten by American troops to point where his leg muscles were so badly damaged that they had completely liquefied to the point where he died.4 When detainees are brought to these military bases they are forced to wear hoods over their faces, covering on their feet and hands, and noise canceling headphones. These actions allow the individual to experience scenery deprivation in order to break their spirit and ambition. Once inside the military camps detainees are forced to sit or stand for long periods of time, in painful stress positions, experience sleep deprivation, and forced to undergo interviews that would force detainees to confess to claims of association of Al Qaeda5. More importantly, after being tortured under American custody at Guantanamo Bay a detainee was asked if he would consider joining the insurgency. After this

experience I think I would join the insurgence was a hunting statement and is proof that torture not only does not work, but also could help create a new generation of terrorists.6 If these acts had been committed against Americans, the government would ask the country responsible to stop violating international treaties. Therefore, in order to prevent a new generation of future terrorists as well as prevent these acts from happing to Americas, the United States should reaffirm its commitment to the Geneva Convention. Habeas Corpus When an individual travels outside their native country they are no longer subject to their native countrys rules and regulations. Instead, they are subject to the laws of the country they are visiting. When reviewing the testimony on why prisoners of war were tortured and denied a proper trial the belief was that they were not American citizens so they are not eligible for the rights associated with habeas corpus. When individuals are born into the United States they are entitled, as a birthright, to due process, unreasonable search and seizer, and the right to a fair trial. When detainees were captured and placed in
4 5 6

Gibney, 2007

Winterbottom & Winterbottom, 2006

Gibney, 2007

American custody the justification for denying them the right of habeas corpus was that they are not American citizens so they are not eligible for the same rights and privileges. Whether an individual is an American citizen or not they are being held in the custody of the United States and the laws of the land should apply to these individuals. If this were no the case, other nations may not offer reciprocity in following their own laws. In other words, Americans abroad would not have any legal protection in foreign lands. Conclusion Regardless of whether the United States is engaged in war, the nations leaders should not feel that they are above laws and international treaties. When the United States signed the Geneva

Convention in 1949 it agreed to treat prisoners of war in a humane way. Under further review there is confirmation that torturing an individual is not effective. A majority of the time an individual will provide false confessions in order to allow the torture to cease, while loyal followers would never confess their secrets. For instance, when questioning top members of Al Qaeda, prisoners that were treated with kindness and respect were more willing to disclose information.7 This reason alone should be justification for the United States to reaffirm its commitment to the Geneva Convention. Nonetheless, the United States should also recognize that as a superpower it is held to a higher standards than most nations in the world and it should do everything in its power to lead the world in an effort to treat prisoners legally and ethically under international law. This will not only protect American citizens abroad but will also protect individuals of any country from the cruel and illegal acts of torture.

References Greenberg, K., & Dratel, J. (2002). The Torture Papers: The Road to Abu Ghraib. Cambridge University Press. Stumpf, J. (2004-2005). Citizens of an Enemy Land: Enemy Combatants, Aliens, and the Constitutional
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(Poitras, 2010)

Rights of the Pseudo-Citizen. HeinOnline, 38(79), Poitras, L. (Director) (2010). The Oath [DVD]. Winterbottom, M. (Director), & Winterbottom, M. (Director) (2006). The Road to Guantanamo [DVD]. Gibney, A. (Director) (2007). Taxi to the Dark Side [DVD].