By Liu Wenzong
The horrifying images of millions of Jews rounded up and herded
into ghettoes and concentration camps in early 20th-century Europe
will never truly leave us. But we do not expect to see actions
reminiscent of those dreadful days repeated now, particularly when
they are conducted by citizens of a nation that purports to be a
world leader of democracy.
The US soldiers who carried out the brutal abuse of Iraqi
prisoners in the concentration camps of occupied Iraq must be
punished in accordance with the law.
In 1945, the allied forces set up tribunals in Nuremberg and
Tokyo to try the military leaders of Nazi Germany and Japan for
crimes committed during the war. Those crimes fell into three
categories.
Crimes against peace were defined as the planning, preparation,
initiation or waging of a war of aggression or a war in violation
of international treaties, agreements or assurances.
War crimes were outlined as violations of the laws or customs of
war. These included murder, ill treatment or deportation to slave
labor of civilians in occupied territory, murder or ill treatment
of prisoners of war, plunder of public or private property or
devastation not justified by military necessity.
The third category was crimes against humanity. These included
inhumane acts such as murder, extermination, enslavement or
deportation committed against civilian populations, as well as
persecutions on political, racial or religious grounds when such
acts are done in execution of or in connection with any crime
against peace or any war.
The Fourth Geneva Convention, signed in 1949, reiterated and
further developed the rules set out in the Nuremberg Charter.
Article 3 of the convention states:
"1. Persons taking no active part in the hostilities, including
members of armed forces who have laid down their arms and those
placed hors de combat by sickness, wounds, detention, or any other
cause, shall in all circumstances be treated humanely, without any
adverse distinction founded on race, color, religion or faith, sex,
birth or wealth, or any other similar criteria.
"To this end the following acts are and shall remain prohibited
at any time and in any place whatsoever with respect to the
above-mentioned persons:
"(a) Violence to life and person, in particular murder of all
kinds, mutilation, cruel treatment and torture;
"(b) Taking of hostages;
"(c) Outrages upon personal dignity, in particular, humiliating and
degrading treatment . . . .
"Any impartial humanitarian body, such as the International
Committee of the Red Cross, may offer its services to the Parties
to the conflict."
The abuse of Iraqi prisoners by US troops not only violates the
Geneva Convention but also all international humanitarian laws and
international conventions on the prohibition of torture.
According to reports and photos published in the Western media,
these incidents did not occur accidentally nor were they isolated
incidents. We know that there was systematic abuse of POWs because
some of the images were recorded in 2003. This also indicates that
the abuse of POWS by US troops has not been fully disclosed.
Further investigation is needed.
A special military tribunal in which the people of Iraq
participate should be set up to conduct investigations and
interrogations on related crimes committed by American and British
troops to identify the people responsible for these incidents, as
well as the chief culprit.
The author is a professor at China Foreign Affairs
University and a well-known expert on International Law.
(China.org.cn, translated by Wang Qian, May 14, 2004)