For Immediate Release
January 29, 2002

Unlawful Combatants, Not POWs

By Congressman Joe Pitts

Three weeks after American troops were first engaged in the War on Terrorism, commentators began to second-guess the President and the Secretary of Defense.  We weren’t making enough progress, they said.  We’re getting bogged down and the Taliban are still in command of Afghanistan, they said.  They were wrong.  A week later the Taliban government was collapsing and al Qaeda was on the run.

The lesson of their embarrassment should have been to limit their criticism to topics they could comment on intelligently.  Unfortunately, the critics are back.  Now they’re alleging human rights abuses and Geneva Convention violations against the al Qaeda and Taliban prisoners being held at Guantanamo Bay, Cuba.  Once again, the critics are wrong.

Two central points need to be clarified.  First, terrorists are not soldiers.  They have no rank and they have no uniform.  In fact, al Qaeda goes out of its way to operate in independent cells with no command structure.  Terrorists do not fight in battlefields, and they do not fight under the authority of governments.  Most importantly, their targets are almost always innocent civilians.  These are not soldiers, and as such the prisoner of war provisions of the Geneva Convention do not apply to them.

Second, although they are not prisoners of war as defined by international law, they are indeed provided for in international law.  The proper term for them is “unlawful combatants.”  The less formal term the President has used is simply “killers.”  The Geneva Convention itself has provisions for unlawful combatants; the Bush Administration is currently considering applying those provisions to the terrorists being held in Cuba.

Regardless of their formal status, the terrorists are being treated well—certainly better than they deserve.  All of them are being provided with three appropriate meals a day, medical care, clothing, shelter, showers, and the opportunity to worship according to their religion.  A Muslim cleric has been provided for them.  Arrows in their cells point the way to Mecca, and each has been issued a prayer mat and a copy of the Koran.  They are not being subjected to any mental of physical abuse.

When in transit, however, the terrorists are being carefully secured.  They are extremely dangerous, especially when being moved.  Before being taken to Cuba, al Qaeda prisons broke loose in a bloody uprising and killed an American agent and dozens of others.  Some of them were carrying grenades under their clothing.  Since arriving in Cuba they have openly threatened to kill Americans and one prisoner has bitten a guard.  These are the exact same kinds of people who fly airplanes into skyscrapers.

Their chain-link cells may look like cages, and that may invite critics to claim they are being “treated like animals.”  But the fact is the terrorists are being treated quite well.  Their current accommodations are temporary, and when a more permanent facility has been made for them their conditions will improve even further.

It is easy for critics hundreds or even thousands of miles away to criticize our handling of al Qaeda prisoners.  If those critics had lost loved ones on September 11, if those critics had risked their lives capturing those terrorists, or if those critics’ jobs were to protect prisoners intent on killing them—I suspect they’d then feel differently.

 

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