US applies Geneva Convention to military detainees

WASHINGTON - The Pentagon has acknowledged for the first time that all detainees held by the US military are covered by an article of the Geneva Conventions that bars inhumane treatment, according to a memo made public today.

The memo signed by Gordon England, the No. 2 Pentagon official, followed a June 29 Supreme Court ruling that struck down as illegal the military tribunal system set up by the Bush administration to try foreign terrorism suspects at the US naval base at Guantanamo Bay, Cuba.

President George W. Bush previously determined that certain terrorist suspects are not covered by all the protections of the Geneva Conventions, international accords governing treatment of war prisoners.

The United States has faced international criticism over the indefinite detention of Guantanamo detainees amid allegations of their mistreatment. Revelations of physical abuse and sexual humiliation of prisoners at Iraq's Abu Ghraib jail have also hurt the administration's image.

Administration officials today urged lawmakers to back the special tribunal system -- rejected by the high court in part because Congress had not authorised it -- as Congress opened hearings on how to try foreign terrorism suspects in light of the ruling.

The officials argued before the Senate Judiciary Committee against using existing military justice procedures, as some lawmakers want, saying this could compromise classified information and impede interrogations.

But Republican Senator Lindsey Graham of South Carolina told them the best path was to take the military justice system "as your basic guide" instead of Bush's system that Congress did not authorise.

"If you fight that approach, it's going to be a long, hot summer," Graham warned.

England's July 7 memo said detainees held in US military custody worldwide are covered by Common Article 3 of the Geneva Conventions of 1949, which ensures humane treatment.

The memo directed military commanders worldwide to review their detainee policies and practices to ensure they comply with Article 3.

The article prohibits violence against detainees, including mutilation, cruel treatment and torture, and "outrages upon personal dignity" including humiliating and degrading treatment. It also ensures care for the sick and wounded.

It bars sentencing or executing prisoners without a decision by "a regularly constituted court" with judicial guarantees.

"We welcome the decision, which we see as significant, which we understand to be a step towards bringing all US detentions into compliance with international law," said Simon Schorno, spokesman for the International Committee of the Red Cross, which monitors compliance with the Geneva Conventions.

Schorno said Common Article 3 represents "the minimum standards to be respected in armed conflict, both international and non-international."

Amnesty International praised the move but urged the administration "not to gut these protections by narrowly defining what constitutes outrages on personal dignity." The group also urged that protections apply to all detainees held by the United States, including those in secret CIA custody.

The White House argued the memo was not a dramatic change because the Pentagon already had a policy of treating detainees humanely.

"Humane treatment has always been the standard, and that is something that they followed at Guantanamo," said White House spokesman Tony Snow.

England wrote it was his understanding that aside from tribunal procedures that the court rejected, existing Pentagon orders and policies including the Army Field Manual and documents governing interrogations and medical care complied with Article 3's standards.

Pentagon spokesman Bryan Whitman made clear the United States still will not apply full Geneva Conventions rights to al Qaeda and Taleban prisoners under a policy set out by Bush.

- REUTERS