The United States should comply with a request by the Inter-American Commission on Human Rights that a competent tribunal be convened to resolve the legal status of Guantanamo detainees, Human Rights Watch said today.
The Commission is part of the Organization of American States. It has played a crucial role in promoting human rights in the Western Hemisphere - from its efforts to end political disappearances in South America during the era of military dictatorships, to urging the release of political prisoners in Cuba, to documenting human rights abuses committed by the Fujimori government in Peru.
"This Commission enjoys tremendous respect in Latin America," said Tom Malinowski, Washington Advocacy Director for Human Rights Watch. "Ignoring this ruling could seriously hurt America's credibility as a defender of human rights in the region".
Last month, the Bush Administration announced that the Geneva Conventions applied to the Taliban prisoners in Guantanamo Bay, but that they would be denied prisoner of war (POW) status because they did not respect the laws of war or wear uniforms. Such criteria have traditionally been used to withhold POW status from irregular troops, not from regular forces fighting on behalf of a government, such as the Taliban.
Human Rights Watch pointed out that this new interpretation of the Geneva Conventions could be used to deny Americans and other regular armed forces POW status in future conflicts. Members of U.S. Special Forces in Afghanistan, for example, have fought in traditional Afghan clothing, thus failing to meet one of the criteria for a lawful combatant laid out by the White House.
"They may not realize it, but the administration has effectively declared U.S. Special Forces fighting in Afghanistan to be unlawful combatants," said Malinowski. "The OAS Commission is giving them an opportunity to revisit that decision."
Human Rights Watch also noted that abiding by the Commission's decision would not hinder U.S. efforts to interrogate or prosecute Taliban and Al Qaida prisoners who may be entitled to POW status.
