WRITTEN QUESTION E-0391/02 by Charles Tannock (PPE-DE) to the Council. The application of the Geneva Conventions regarding prisoners of war.
Date: 2002-02-20
Institutions: European Parliament, Provisional data
Subjects: Afghanistan, Red Cross, United States, cruel and degrading treatment, human rights, international law, prison system, prisoner of war

14.11.2002

EN

Official Journal of the European Communities

C 277 E/39

(2002/C 277 E/040)

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?

(2002/C 277 E/041)

WRITTEN QUESTION E-0471/02

by Carmen Cerdeira Morterero (PSE) to the Council

Subject: Treatment of European prisoners in Guantanamo

(22 February 2002)

It has been confirmed that European citizens are among the prisoners being held by the United States at
the Guantanamo military base. What measures will
the
conditions under which these European prisoners are being held are in line with the Geneva Convention
on prisoners of war? What are the Spanish Presidency’s views on the treatment received by these
prisoners? Does it intend to seek information from the United States Government on the situation of these
prisoners?

the Spanish Presidency take to verify that

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

(22 July 2002)

The Council
E-0168/02, E-0236/02, E-0239/02 and E-0263/02.

invites the Honourable Members to refer to the answer given to Written Questions

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