Geneva Rights? Really?

For indispensable reporting on the coronavirus crisis, the election, and more, subscribe to the Mother Jones Daily newsletter.


I don’t know if the administration’s “new” stance on Geneva rights for detainees is really all it’s cracked up to be. Here’s how the New York Times described the policy:

Pentagon officials released a memo that was issued last Friday ordering that all detainees be treated in compliance with Article 3 of the Geneva Conventions, which requires humane treatment and a minimum standard of judicial protections.

Okay, that’s the Pentagon. What about the CIA? Aren’t they holding—and possibly torturing—suspects in secret prisons all around the world? Will their detainees fall under the Geneva Conventions? If not, doesn’t that render this “new” policy pretty much useless? Extending protection only to prisoners in military custody won’t do much for people such as Khaled el-Masri, the man who was mistakenly detained by the CIA and allegedly tortured for several months in a small cell in Afghanistan.

One should also note, as Marty Lederman has in the past, that there’s a bit of a loophole here: what the Pentagon considers “humane” differs greatly from the Geneva definition of “humane.” A number of coercive interrogation techniques—such as stress positions and scenarios designed to make detainees believe that death is imminent for their family members—could very well carry on. That would be completely illegal of course—such things are expressly prohibited by Common Article 3 of the Geneva Conventions—but when has that ever stopped these people before?

SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

payment methods

SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate