Why Bush Bypassed the Geneva Convention

In the wake of the Abu Ghraib prison scandal, Capitol Hill Democrats and pundits alike are up in arms over the Bush administration's decision early in the war on terror to selectively suspend the Geneva Convention protocols governing the treatment of prisoners of war.

These same critics, however, are careful not to explain in too much detail what the GC actually prohibits.

If they did, most Americans would likely agree that Bush was right to be concerned about the GC's impact on the interrogation of terrorist suspects who may know about plans to attack U.S. soldiers - or, for that matter, about the next 9/11.

In fact, the Geneva Convention pretty much bans any aggressive interrogation of POWs, limiting what prisoners are required to tell captors to name, rank and serial number.

Other clauses seem to mandate treatment that in general is better than most soldiers got before they became POWs.

For instance, the Geneva Convention states flatly: "Prisoners of war are entitled in all circumstances to respect for their persons and their honour. ..."

Besides banning physical and mental torture, the GC also prohibits "any other form of coercion [that] may be inflicted on prisoners of war to secure from them information of any kind whatever."

The GC also requires that "prisoners of war must at all times be protected ... against insults and public curiosity."

And if that's not enough to pull the rug out from under any interrogation, try this:

"Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind."

No unpleasant treatment of any kind?

In fact, the Geneva Convention clause stipulating that POWs can't be grilled about anything beyond name, rank and serial number actually warns of penalties for cooperating with interrogators, stating, "If [a prisoner] willfully infringes [on the name, rank] rule, he may render himself liable to a restriction of the privileges accorded to his rank or status."

Beyond rendering pointless any attempt to interrogate suspected terrorists, the Geneva Convention also mandates that prisoners be guaranteed an array of amenities, including monthly medical checkups and an on-premises price-controlled commissary.

"Art. 31. Medical inspections of prisoners of war shall be held at least once a month. They shall include the checking and the recording of the weight of each prisoner of war."

"Art. 28. Canteens shall be installed in all camps, where prisoners of war may procure foodstuffs, soap and tobacco and ordinary articles in daily use. The tariff shall never be in excess of local market prices."

Article 38 sounds as if it was lifted from your average college handbook:

"While respecting the individual preferences of every prisoner, the Detaining Power shall encourage the practice of intellectual, educational, and recreational pursuits, sports and games amongst prisoners, and shall take the measures necessary to ensure the exercise thereof by providing them with adequate premises and necessary equipment."

In fact, under the Geneva Convention prisoners must be allowed one right currently denied to residents of a number of localities around the U.S.

"The use of tobacco shall be permitted," the GC mandates.

Too bad for tobacco consumers who live in New York City, where smoking has been banned in public places, that Mayor Michael Bloomberg never signed the Geneva Convention.

Editor's note: