Originally posted by: blackangst1
Unfortunetely people forget most, if not all, the people we are holding are not entitled to Geneva Convention law for various reasons. Many "anti Gitmo" and similar people conveniently play naive to this fact.
They still enjoy Human Rights as per the Universal Declaration of Human Rights:
http://www.un.org/Overview/rights.html
Article 5.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 6.
Everyone has the right to recognition everywhere as a person before the law.
Article 7.
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8.
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 9.
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10.
Everyone is entitled in full equality to a fair and public hearing by an
independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Article 11.
(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
Also, about the Geveva convention... it does cover irregular armies:
rticle 4
A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:
1. Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces.
2. Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions:
(a) That of being commanded by a person responsible for his subordinates;
(b) That of having a fixed distinctive sign recognizable at a distance;
(c) That of carrying arms openly;
(d) That of conducting their operations in accordance with the laws and customs of war.
Civilians actually enjoy additional protection and rights than military personell, and most people detained at Guantanamo was not involved in any military operation. No matter how scared you are, or how much you hate terrorists, this should never lead a developed country to violations of basic human rights, otherwise it mean we already lost what we are supposed to be fighting for.
And even apart from these moral considerations, the current policies about prisoners' conditions have hurt the image and consensus of the US in the world big time. International consensus is a very precious asset, and one that is not cheap nor easy to buy back. It will have a price.