Friday, March 30, 2007

Iranian War Criminals   [Tim Wilson]

When will the United Nations act to bring President Ahmadinejad of Iran to trial for his part in the mistreatment of the British military hostages? All British military personnel undergo training every year on the Geneva conventions and the treatment of Prisoners of War. As a result, the hostages recently taken by Iran know that they are the victims of War Crimes.

The third Article of the Geneva Conventions clearly prohibits the public exhibition of Prisoners of War. The display on Iranian State Television of Leading Seaman Faye Turney flouts this provision. The letters which the Iranian Government have released which they allege were written by the same Royal Navy sailor, calling for withdrawal from Iraq and “confessing” to entering Iranian waters, indicate intimidation and coercion as banned by Articles three and seventeen of the Geneva Convention on the Treatment of Prisoners of War. The relevant articles describe these as “serious breaches”.

Furthermore it seems that access by a humanitarian organisation such as the International Committee of the Red Cross is being denied while British Diplomats are being given the run-around in trying to determine the location, status and health of these hostages. Again this is contrary to the Geneva conventions.

So who is responsible for these acts? The Geneva conventions make this clear too. In Article twelve it defines the responsibility as being with the Government of the “Detaining Power.” In other words, President Ahmadinejad is responsible. And who should be leading the charge to correct these international crimes? The United Nations have claimed stewardship through the Office of the High Commissioner for Human rights and have set up special commissions and held trials in the International Criminal Courts for exactly similar crimes in other places.

The secretary general of the United Nations, Ban Ki Moon, should be leading the public condemnation of this affair, backed by all the members of the Security Council. Instead there is a ringing whisper, with Russia preventing even a “condemnation,” insisting on the lesser expression of “grave concern.” So much for the UN Charter, Geneva Conventions, and Human Rights!

And where are all the NGO’s who provided so much public outrage over Abu Ghraib and Guantanamo?

Article 12

Prisoners of war are in the hands of the enemy Power, but not of the individuals or military units who have captured them. Irrespective of the individual responsibilities that may exist, the Detaining Power is responsible for the treatment given them.

Article 13

Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the present Convention. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest.

Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity.

Measures of reprisal against prisoners of war are prohibited.

Article 14

Prisoners of war are entitled in all circumstances to respect for their persons and their honour. Women shall be treated with all the regard due to their sex and shall in all cases benefit by treatment as favourable as that granted to men. Prisoners of war shall retain the full civil capacity which they enjoyed at the time of their capture. The Detaining Power may not restrict the exercise, either within or without its own territory, of the rights such capacity confers except in so far as the captivity requires.

Article 17

Every prisoner of war, when questioned on the subject, is bound to give only his surname, first names and rank, date of birth, and army, regimental, personal or serial number, or failing this, equivalent information. If he wilfully infringes this rule, he may render himself liable to a restriction of the privileges accorded to his rank or status.

Each Party to a conflict is required to furnish the persons under its jurisdiction who are liable to become prisoners of war, with an identity card showing the owner's surname, first names, rank, army, regimental, personal or serial number or equivalent information, and date of birth. The identity card may, furthermore, bear the signature or the fingerprints, or both, of the owner, and may bear, as well, any other information the Party to the conflict may wish to add concerning persons belonging to its armed forces. As far as possible the card shall measure 6.5 x 10 cm. and shall be issued in duplicate. The identity card shall be shown by the prisoner of war upon demand, but may in no case be taken away from him.

No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to any unpleasant or disadvantageous treatment of any kind.

Article 70

Immediately upon capture, or not more than one week after arrival at a camp, even if it is a transit camp, likewise in case of sickness or transfer to hospital or another camp, every prisoner of war shall be enabled to write direct to his family, on the one hand, and to the Central Prisoners of War Agency provided for in Article 123, on the other hand, a card similar, if possible, to the model annexed to the present Convention, informing his relatives of his capture, address and state of health. The said cards shall be forwarded as rapidly as possible and may not be delayed in any manner.

Article 71

Prisoners of war shall be allowed to send and receive letters and cards. If the Detaining Power deems it necessary to limit the number of letters and cards sent by each prisoner of war, the said number shall not be less than two letters and four cards monthly, exclusive of the capture cards provided for in Article 70, and conforming as closely as possible to the models annexed to the present Convention. Further limitations may be imposed only if the Protecting Power is satisfied that it would be in the interests of the prisoners of war concerned to do so owing to difficulties of translation caused by the Detaining Power's inability to find sufficient qualified linguists to carry out the necessary censorship. If limitations must be placed on the correspondence addressed to prisoners of war, they may be ordered only by the Power on which the prisoners depend, possibly at the request of the Detaining Power. Such letters and cards must be conveyed by the most rapid method at the disposal of the Detaining Power; they may not be delayed or retained for disciplinary reasons.

03/30 02:33 AMShare