Amidst the hand-wringing of the chattering classes about the fate of the Al Qaeda members now enjoying an extended break at Club Fed in Cuba, it may be useful to examine the claim that they are prisoner of war and, therefore, should be treated in accordance with the provisions of the Geneva Convention.
The Convention they are referring to is Geneva Convention relative to the Treatment of Prisoners of War and the defintion of ‘Prisoners of War’, contained in Article 4, includes ‘…militias and volunteer corps’. However, important provisos are set out in Subsection A (2):
“(a) That of being commanded by a person responsible for his subordinates;
(b) That of having a fixed distinctive sign recognizable at a distance;
(c) That of carrying arms openly;
(d) That of conducting their operations in accordance with the laws and customs of war”;
In order to be classified as ‘Prisoners of War’ militias or volunteer corps must satisfy all of the above conditions.
It is my view that Al-Qaeda fails to satisfy any.
(a) Al-Qaeda operates by means of an autonomous or, at least, semi-autonomous, cell structure. They are therefore not commanded by any identifiable person.
(b) Anybody seen the Al-Qaeda flag/symbol/pennant/banner? No, neither have I.
(c) Whilst the combatants in Aghanistan most likely did bear arms openly, other Al-Qaeda operatives moving and living undercover in up to 60 different countries around the world cannot possibly be carrying any arms openly.
(d) The attacks in which Al-Qaeda is implicated have, in most cases, been against civilian targets and devoid of any obvious or identifiable tactical or strategic purpose other than to cause terror and widespread fear. It is my view that is not within the laws or customs of war.
Therefore, it is my view that the US government has a very good case that the Al-Qaeda members do not qualify as ‘Prisoners of War’ and are, therefore, not entitled to the protection of the provision of the Geneva Convention.
Of course, this does beg the question of the status of the US actions. Do they constitute ‘war’? Well, possibly not but call it a ‘military action’ or a ‘police action’ if you will. For that matter, call it a ‘Ballroom Dancing Competition’; the point is to prevail.
