Geneva Rights? Really?

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I don’t know if the administration’s “new” stance on Geneva rights for detainees is really all it’s cracked up to be. Here’s how the New York Times described the policy:

Pentagon officials released a memo that was issued last Friday ordering that all detainees be treated in compliance with Article 3 of the Geneva Conventions, which requires humane treatment and a minimum standard of judicial protections.

Okay, that’s the Pentagon. What about the CIA? Aren’t they holding—and possibly torturing—suspects in secret prisons all around the world? Will their detainees fall under the Geneva Conventions? If not, doesn’t that render this “new” policy pretty much useless? Extending protection only to prisoners in military custody won’t do much for people such as Khaled el-Masri, the man who was mistakenly detained by the CIA and allegedly tortured for several months in a small cell in Afghanistan.

One should also note, as Marty Lederman has in the past, that there’s a bit of a loophole here: what the Pentagon considers “humane” differs greatly from the Geneva definition of “humane.” A number of coercive interrogation techniques—such as stress positions and scenarios designed to make detainees believe that death is imminent for their family members—could very well carry on. That would be completely illegal of course—such things are expressly prohibited by Common Article 3 of the Geneva Conventions—but when has that ever stopped these people before?

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THE TRUTH...

is the first thing despots go after. An unwavering commitment to it is probably what draws you to Mother Jones' journalism. And as we're seeing in the US and the world around, authoritarians seek to poison the discourse and the way we relate to each other because they can't stand people coming together around a shared sense of the truth—it's a huge threat to them.

Which is also a pretty great way to describe Mother Jones' mission: People coming together around the truth to hold power accountable.

And right now, we need to raise about $400,000 from our online readers over the next two months to hit our annual goal and make good on that mission. Read more about the information war we find ourselves in and how people-powered, independent reporting can and must rise to the challenge—and please support our team's truth-telling journalism with a donation if you can right now.

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