Originally posted by: tcsenter
Tcsenter, I've done a lot of searching and I'm almost certain that we agreed in full to the Geneva conventions. I'm a pretty good researcher, and I could find nothing that indicated what you claim.
You give an excellent example of precisely what I'm talking about. The author states: "Next, even when the United States does sign and ratify agreements, it fails to pass the legislation that would give them the force of law. Or the United States imposes so many caveats about particular provisions that the treaties' effect on American law is nil."
Then goes on to give only an example of this, not an all-inclusive dissertation on every treaty or agreement to which the United States is a party.
I am 100% certain of what I read, I am just not 100% of where I read it (I hate that). To the best of my recollection, the US did not ratify all portions of the Geneva Convention unconditionally.
Assuming that you are correct, and it is just a legal formality, why don't we do it then? It won't hurt us, but it'll help us a lot, because our detractors couldn't use this against us any more. As long as we 're in violation, even if it's relatively harmless, it can be used as an excuse for others to be in violation. Wouldn't you rather we did everything by the letter, so that we can have real outrage when someone does something wrong to us.
This is really covering the same reasons why we scraped the nuclear non-proliferation treaty, because we were about the only country actually following it. Where a country 'claimed' to be following it, they wouldn't do so under 100% transparency to allow verfication as the United States does.
You're talking legal formalities, nothing more. What matters is how, in fact, the detainees are being treated. After all, that was the purpose of Geneva - ensuring certain minimum levels of treatment WRT POWs and detainees. We are meeting those minimum levels and we allow independent verification of that.
When the United States criticizes another government for failing to adhere to the precise letter of the Geneva Convention even though they are in fact adhering substantially to Geneva standards by treating their POWs and detainees as well as the United States does, and being transparent about it as the United States does, then that government can legitimately say 'Hey, we're doing nothing worse and nothing better than what you were doing in Guantanamo'.
What our actions do
not legitimize is for a country to toss the Geneva standards out of the window completely, start executing, torturing, or mistreating POWs and detainees, then try to defend it by saying 'Well the US doesn't adhere to Geneva, either'.
Sorry, one does not equate to the other.