	Bob Hostetler > Writing

Don't Legitimize Al-Qaeda

by Bob Hostetler

Call it an "All is Not O.K." Chorale.

Last week, voices all across Europe--Germany, the Netherlands, British legislators, and spokespeople for the European Union itself--joined Amnesty International and the International Red Cross in attempting to dictate policy to the United States. As if they were all singing off the same song sheet, they demanded that the United States treat the al-Qaeda terrorists who were captured in Afghanistan as prisoners-of-war as defined by the Geneva Conventions. Other nations, like Sweden and Denmark (whose citizens are among the captives) expressed concern that their subjects be treated fairly and respectfully.

An interesting descant to this chorus was raised by a Los Angeles coalition of clergy, journalism professors, and civil rights attorneys. The group petitioned the federal government to charge al-Qaeda prisoners in a U.S. civilian court (a move which, by the way, would be contrary to Article 84 of the Geneva Conventions if the al-Qaeda prisoners were to be declared prisoners-of-war).

And Secretary of State Colin Powell has reportedly added his own voice to the chorus, asking President Bush to pledge adherence to the Geneva Conventions as a guideline for the treatment of al-Qaeda prisoners.

But Defense Secretary Donald Rumsfeld was right last Sunday in insisting that prisoner-of-war status will not be conferred upon the al-Qaeda detainees. While they were captured as a result of military action on the part of the United States, granting them POW status would not only legitimize their cause, but the means they used to advance it.

According to the Geneva Conventions, lawful combatants:

act under the command of a responsible authority. From all indications, however, Osama bin Laden and the al-Qaeda organization purposely strive to avoid and obscure observable chains of command.
wear distinctive uniforms and insignia. The September 11th assassins and their al-Qaeda associates deliberately attempted to blend into the civilian population--like spies, assassins, and criminals, not like soldiers.
carry arms openly. Not only do terrorists like Mohammed Atta and Richard Reid conceal their knives, bombs, and other weapons; to a large extent, their effectiveness depends upon such concealment.
conduct their operations according to the laws and customs of war (such as distinguishing combatants from civilians). But bin Laden declared jihad,- not against the United States, but against "Americans," and his terrorists were instructed and trained to conduct their jihad -in decidedly unlawful ways.

Denying POW status to such criminals is not cruel and inhuman punishment, by any means. The 158 "detainees" at Guantanamo Bay, Cuba, are being held in full sight of an attentive world community--you've seen the photographs yourself. They are not only being fed, but are afforded a diet in keeping with their religion. They are receiving medical attention. They are not only permitted to exercise their religion, but are called to prayer five times daily by a Muslim chaplain. Senator Diane Feinstein (D-CA), who is no ally of the current administration, expressed approval of the treatment the detainees are receiving.

Such treatment is not only just, but generous, by any reasonable standard. It is far, far more than any al-Qaeda operative deserves, but it is fitting . . . because it reflects America's national character, rather than that of al-Qaeda (make no mistake; if the tables were turned, those al-Qaeda detainees would not hesitate to brutalize the people who even now are treating them fairly).

Al-Qaeda and Taliban operatives should never be treated as prisoners-of-war. To call them POWs would legitimize not only their organization but their tactics as well. And it would flout the very Conventions that define what a prisoner-of-war is, and how one should be treated.

This article appeared in the February 1, 2002 Hamilton Journal-News

More articles by Bob Hostetler...