Terrorists Not Fully Protected

The treaties were initially written with state-sponsored military conflicts in mind and emphasize that "combatants must be clearly distinguishable from civilians." Combatants who fall within the guidelines and who become prisoners of war must be treated "humanely."

According to the International Red Cross:

• Captured combatants and civilians who find themselves under the authority of the adverse party are entitled to respect for their lives, their dignity, their personal rights and their political, religious and other convictions. They must be protected against all acts of violence or reprisal. They are entitled to exchange news with their families and receive aid. They must enjoy basic judicial guarantees.

However, because terrorists are not clearly distinguishable from civilians, in other words, they are "unlawful combatants," it can be argued that they are not subject to all Geneva Conventions protections.

Bush Administration legal counsel has called the Geneva Conventions "quaint" and contends that everyone being held at Guantanamo Bay, Cuba, is an enemy combatant with no right of habeas corpus:

• Under these rules, captured enemy combatants, whether soldiers or saboteurs, may be detained for the duration of hostilities. They need not be guilty of anything; they are detained simply by virtue of their status as enemy combatants in war.

Civilians Are Fully Protected

The challenge in Afghanistan and Iraq is determining which persons who have been captured are "terrorists" and which are innocent civilians. The Geneva Conventions protect civilians from being "tortured, raped or enslaved" as well as from being subjected to attacks.

However, Geneva Conventions also protect the uncharged terrorist, noting that anyone who has been captured is entitled to protection until "their status has been determined by a competent tribunal."

Military lawyers (Judge Advocate General's Corps - JAG) reportedly have petitioned the Bush Administration for prisoner protection for two years -- long before Iraq's Abu Ghraib prison became a household word around the world.

Where It Stands

The Bush Administration has held hundreds of people at Guantanamo Bay, Cuba, for two years or longer, without charge and without redress. Many have been subjected to actions that have been characterized as abuse or torture.

In June, the U.S. Supreme Court ruled that habeas corpus does apply to detainees at Guantanamo Bay, Cuba, as well as citizen "enemy combatants" held in continental U.S. facilities. Therefore, according to the Court, these detainees have the right to file a petition asking that a court determine if they are being held lawfully.

It remains to be seen what legal or international repercussions will follow from the prisoner torture and death documented earlier this year in Iraq in American-operated prisons.