WHY THE RED CROSS IS VISITING DETAINEES IN GUANTANAMO BAY

[ http://www.redcross.org/news/in/intllaw/guantanamo1.html ]

It seems a horror to many Americans that anyone--especially the Red Cross--would
be interested in the welfare of the Afghan war detainees being held by the U.S.
military in Guantanamo Bay, Cuba. However, it is our very own government that
requested the International Committee of the Red Cross (ICRC) to visit with the
detainees.

Why?

Along with 188 other nations across the globe, the United States is committed to
meeting the standards of humanitarian treatment described in the Geneva
Conventions-- international treaties that provide protection and assistance to
victims of armed conflict. The Geneva Conventions require that all captured
combatants or prisoners of war (POWs) be visited by the ICRC to help assure the
world that their treatment is humane.

Meeting with POWs and detainees to discuss their treatment is one of the ICRC’s
unique functions. As an independent organization promoting respect for
international humanitarian law, the ICRC also registers these people so their
families and their government know where they are, and to give them the
opportunity to write personal messages to relatives. These activities are
legally mandated by the Geneva Conventions for the protection of captured
combatants from all nations, including the United States, "who have fallen into
the power of the enemy."

Ensuring the protection of captured U.S. combatants is another reason why the
United States invited the ICRC to visit the detainees. In times of war, the
United States wants to know that the ICRC will be visiting captured Americans.
For example, the ICRC visited three American service men held in a Serbian
prison during the Kosovo conflict and arranged for them to send messages to
their families back home. During the Gulf War, the ICRC met with 55 U.S. POWs as
well as POWs from the UK, France, Germany and Italy.

The American Red Cross emphasizes the value and importance of international
humanitarian law and the need for the ICRC to conduct visits in situations of
conflict or violence. In 2001, prior to September 30, the ICRC visited more than
200,000 people in places of detention in more than 72 countries who were
deprived of their freedom, including soldiers, civilians, journalists and relief
workers. The ICRC does not publicly discuss its findings, even with other Red
Cross organizations, including the American Red Cross.

All members of the International Red Cross and Red Crescent Movement, including
the ICRC and the American Red Cross, are bound by certain fundamental
principles. These principles include impartiality, neutrality and independence
and apply equally in times of war and in times of peace. They enable the Red
Cross to carry out its humanitarian work wherever needed, including in
Guantanamo Bay. The Red Cross Movement supports the U.S. government in its
efforts to comply with the Geneva Conventions.

Last modified: Thu, 24 Oct 2002 14:34:21 GMT ET

For more information, read a related article:
ICRC Visits Afghan Detainees in Cuba

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ICRC VISITS AFGHAN DETAINEES IN CUBA

[ http://www.redcross.org/news/in/intllaw/020118detainees.html ]

January 18, 2002 -- Fulfilling its traditional role in times of conflict, the
International Committee of the Red Cross (ICRC) is in Guantanamo Bay, Cuba,
ensuring that U.S. detainees from Afghanistan receive fair treatment under
International Humanitarian Law (IHL).

The Geneva-based ICRC has a unique role in upholding the principles of IHL. "It
is part of the ICRC's responsibility and a legal mandate under the Geneva
Conventions to provide protection and assistance to all prisoners of war and
detainees held in war zones," said Lucy Brown, an American Red Cross advisor on
IHL. "The ICRC is often the only one with access to these people and the
humanitarian service is widely supported by governments because it protects
their own captured people."

IHL encompasses both humanitarian principles and international treaties that
seek to save lives and alleviate suffering of combatants and noncombatants
during armed conflict. Its principal legal documents are the Geneva Conventions
of 1949, four treaties signed by almost every nation in the world. The
Conventions define fundamental rights for combatants removed from fighting due
to injury, illness or capture, and for civilians. The 1977 Additional Protocols,
which supplement the Geneva Conventions, further expand those rights.

To carry out these responsibilities to the Geneva Conventions, a four-member
ICRC team will meet with prison officials and all detainees, and tour the
facility. The ICRC officials will interview detainees about their treatment, and
inspect their living conditions.

"The team will tour the entire premises and will want to see every door opened,"
said Kim Gordon-Bates, a spokesperson for the ICRC.

In addition, the ICRC team will register every detainee and offer to deliver
messages to family members. Through the Red Cross network, those messages could
be delivered to any country in the world.

As with every such prison visit, the ICRC will also check to see whether
detainees have access to clean water, medical care and a proper diet. They also
will inspect the facility to make certain that conditions are sanitary and that
detainees have access to good hygiene.

The organization will then report to the prison's leadership, making
recommendations if necessary. A request may be as simple as putting another
towel in the bathroom or giving detainees warmer blankets.

In cases when the country holding the detainees can't afford to make the
recommended changes, the ICRC would step in -- supplying water, medicine, food
or other necessities.

After surveying a prison, the ICRC's findings always remain confidential,
Gordon-Bates said. If a country holding detainees were to fear that the ICRC
would degrade it before the world, the organization could lose its credibility
as a neutral party. "We want to ensure we have access to people in prisons
around the world," Gordon-Bates said.

This access often allows the ICRC to help detainees when nobody else can. During
the Kosovo conflict, ICRC representatives received the first permission to visit
three U.S. soldiers in Serbian prisons. The visits enabled the ICRC to ensure
U.S. prisoners were being treated humanely. With the assistance of the ICRC, the
soldiers also were able to send letters home to their families.

Currently, the American Red Cross is not assisting with operations in Guantanamo
Bay, Cuba. "We would provide appropriate support to the ICRC or the U.S.
government if requested," Brown said.

The ICRC has visited more than 4,000 detainees in more than 30 locations
throughout Afghanistan. The organization also plans to meet with the 2,000
detainees expected to be in Guantanamo when the facility reaches its full
capacity. Currently nearly 200 detainees are at the site.

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