Ongoing scandals of prisoner abuse by U.S. forces in Afghanistan and Iraq are fuelled by the Bush administration’s criticism of the Geneva Conventions. The administration has perpetuated the myth, which domestic public opinion and the popular media have accepted, that the Conventions do not entirely protect suspected terrorists or other non-state combatants captured abroad. This myth allowed the administration to invent a new category of detainees outside the purview of international law—“unlawful combatants”—essentially legitimating subsequent mistreatment and abuse. This self-serving strategy has even distracted critics of U.S. policy, who have fallen for the trap by becoming embroiled in a defensive debate over who is entitled to “prisoner of war” status, when they should have been asserting aggressively the basic rights owed to all human beings (including suspected terrorists) under international law. Capitalizing on the ambiguity and historical specificity of the Geneva Conventions, the Bush administration has defined the terms of a pivotal debate, while opening the door to human rights abuses and disarming potential opponents.

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