WRITTEN QUESTION E-0391/02

by Charles Tannock (PPE-DE) to the Council

(20 February 2002)

Subject: The application of the Geneva Conventions regarding prisoners of war

Does the Council believe that members of terrorist organisations such as Al-Qaeda fall within the category of prisoner of war under the terms of the 1949 Geneva Convention relative to the Treatment of Prisoners of War, bearing in mind the requirement under Part 1 Article 4 that prisoners of war must be Members of the armed forces of a Party to the conflict as well as members or militias or volunteer corps forming part of such armed forces or Members of other militias and members of other volunteer corps, including those of organised 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 organised resistance movements, fulfil, inter alia, the following conditions:

- that of having a fixed distinctive sign recognisable at a distance;

- that of conducting their operations in accordance with the laws and customs of war;

or does the Council believe that the American Government is correct to say that the prisoners currently being held at the American Naval Base at Guantanámo Bay fall outside the definition of prisoners of war, and can thus be interrogated, even if they must be treated humanely under customary international law?

Joint answerto Written Questions E-0374/02, E-0391/02 and E-0471/02

(22 July 2002)

The Council invites the Honourable Members to refer to the answer given to Written Questions E-0168/02, E-0236/02, E-0239/02 and E-0263/02.

The Council reaffirms the importance that every detainee be treated humanely in accordance with general standards of international law. The Council is not in a position to ascertain whether the conditions of detention at Guantánamo meet those standards solely on the basis of media reporting. The Council does not possess the information necessary to determine whether the detainees at Guantánamo should be regarded as prisoners of war. It recalls that Geneva Convention III relative to the Treatment of Prisoners of War stipulates that, in case of doubt, a detainee shall enjoy the protection of the Convention until such time as a competent tribunal determines his status. In the meantime, detainees are to be treated humanely, receive proper medical care, clothing and food. The detaining power is entitled, however, to take such measures as are necessary to ensure the security of the facility and the detainees in accordance with international law. The Council welcomes the fact that the International Committee of the Red Cross has been

granted full access to the detainees and will be in a position to exercise its mandate, as it also welcomes the assurances given by the US authorities that they will treat all detainees humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of the Geneva Convention. President Bush made a public statement on this subject on 31 January 2002.

In the conclusions on human rights relating to the session of the CHR in Geneva, adopted by the General Affairs Council on 11 and 12 March 2002, the Council recalled the attachment of the European Union to the permanent duty of all States to protect and promote human rights, fundamental freedoms and humanitarian law and to comply with international engagements subscribed on these matters. While supporting the bringing of suspected terrorists to justice and reaffirming that terrorism represents a threat to Europe as well as others, the Council made a point of emphasising its full conviction, especially after the tragic events of last September, that the fight against terrorism must respect human rights and the rule of law.