Should detainees at Guantanamo be protected under the U.S. constitution and the Geneva Conventions?
President Bush’s position: U.S. constitutional rights protect only American citizens who are terrorist suspects and individuals captured on U.S. territory – and no one else. Guantanamo is not U.S. territory. The Geneva Conventions are designed for soldiers who become prisoners of war in conflicts between countries. Geneva does not provide any other type of designation. Terrorists do not wear uniforms, do not claim allegiance to any nation, do not follow the laws of war and represent an unprecedented and very dangerous threat. The commander in chief has the legal power to make these decisions about the Constitution and the Geneva Conventions. The critics’ position: A Guantanamo detainee is helpless without any rights. He has no way to require that the government explain before a judge why he is being held. Habeas corpus is fundamental to a civilized society and should cover everyone, whether an American citizen or not. Without this right, an individual is subject to abuse and torture. I
