Susan Stamper Brown, FloydReports.com
Americans may be less safe today because the Obama administration made the decision to circumvent the Constitutional treaty ratification process by mandating that his administration would begin compliance with Article 75 of Additional Protocol I (API) to the 1949 Geneva Conventions “out of a sense of moral obligation.”
API, an unsanctioned addition to the Geneva Convention that was unequivocally rejected by previous administrations, outlines fundamental rights or guarantees for captives taken in an international armed conflict. This addition sounds nice in Dreamland, where it’s okay to interchange the words “international” and “national” without consequence. But, where the rest of us live, the word “international” is quintessential. The Supreme Court determined (Hamdan vs. Rumsfeld) that America is involved in a non-international armed conflict with al-Qaeda and the Taliban, making Article 75 moot.
We were led to believe we were having an intelligent Guantanamo Bay (Gitmo) detainee discussion when the administration threw in some non sequitur about Article 75. Introducing Article 75 into the conversation was misleading to those who take words at face-value, confusing to those who dare to delve below the surface and alarming to those who understand our safety is in the hands of some who dangerously dance outside the confines of common sense.
In a March 7, 2011, White House fact sheet titled “New Actions on Guantanamo and Detainee Policy,” the administration suggests, “Our adherence to these principles is also an important safeguard against the mistreatment of captured U.S. military personnel.” Let me get this right. America is involved in a non-international armed conflict with an indefinable enemy that use woman and children as “human shields,” blow themselves up on a regular basis, behead their enemy using dull swords – and we should believe our military will be safer? Secretary of State Clinton said it’s “not about who our enemies are, but about who we are.” We are a lot of things, but Americans aren’t stupid….