POWs IN GUANTANAMO BAY

    "POW? POW?" The Communist interogator's lip curled at the edge to show his distain. "You are not a POW! You are a common criminal. When the war in Vietnam is won by our determined forces you may or not go home. That will be up to our Peoples Tribunal!" And so it went, year after year. The North Vietnamese communists never recognized our legitimate status as POWs.

    "Your government has not declared war on my country, so you see, there is no war. How can you be a Prisoner of War if there is no war?" Another communist cop-out. We knew what the Geneva Convention on the treatment of Prisoners of War said about that, too; when two parties are involved in armed conflict there need not be a declaration of war for both parties to be bound by this convention.

The Communsts of North Vietnam had signed the Geneva Convention on treatment of Prisoners of War but had conveniently added a typical communist caveat after their signature; "When two parties are involved in armed conflict and one of the nations is clearly the aggressor, the other nation suffering the aggression will not be bound by these agreements" Really! And what nation involved in armed conflict will not rationalize the other party as the aggressor, thereby according itself the option of ignoring the agreements?

    Sure enough, we POWs in North Vietnam were accorded none of the rights and considerations of the Geneva Convention. Red Cross inspections; none! Food, shelter and medical care; minimal, but usually enough to sustain life-we were resources to be exploited. Letters and packages from home; for most men none, and few for others. What's more, solitary confinement and torture were systemic. Not until the last couple of years of my seven year incarceration did the extortion for military information and propaganda statements ease off.

    So it is with particular interest that I note the recent media coverage of Taliban and Al Qaida prisoners arriving at the hastily constructed though more than adequate prison camp in Guantanamo Bay, Cuba. And I shake my head, half in amusement and half in discust, as the softies in the media and certain human rights groups wring their hands and gnash their teeth over the "inhumane" treatment and conditions of these heartless thugs. And the "POWs or not POWs" debate goes on among the talking heads. Let's clarify their status once and for all.

    The Taliban prisoners may--emphasize "may"--have a claim to POW status. They were combatants fighting for a recognized government of a sovereign nation, Afganistan. On the other hand, they wore no uniforms, concealed their weapons, and mingled with their own civilian populace to ambush or avoid detection; any one of which would disqualify them for POW status under the Geneva Convention.

As for the Al-Quaida prisoners, they too wore no uniforms, concealed their weapons, mingled with the civilian populace, but furthermore represented no government or country. They are simply international criminals--terrorism IS a crime--and do not qualify as POWs under even the most far fetched interpretation of the Geneva Convention.

    The prisoners in the camps of Guantanamo represent and support the very evil inflicted on America last September 11th. Many still vow to escape and "kill Americans". Collectively they are the most cunning, relentless, and dangerous collection of enemy prisoners perhaps in our nation's history. They deserve the most stringent security measures we can muster up on such short notice, and so far, our military leaders on the scene are doing a fine job. In spite of the tight security, the prisoners are living in more than adequate accommodations appropriate for the Cuban climate, enjoying three meals a day with consideration for their "ethnic" preferences, receiving medical care as good as their American guards could expect, enjoying the tolerance of their daily religious practices, and receiving visits by representatives of the International Red Cross. Boy! Hanoi should have been so good!

    The irony is that, deserving of POW status or not, these Taliban and Al-Qaida prisoners are in some ways living in better conditions and receiving better treatment than those prescribed by the Geneva Convention. But, that's just the way Americans do things. Isn't that why they attacked us?

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