The United States is holding prisoner some 500 men that it captured in Afghanistan. According to the U.S. government, those detainees are "unlawful combatants," not prisoners of war. The distinction is an important one: In addition to depriving the men of their rights, it mocks the principles that the West was defending when it declared war against terrorism.
The words matter. The Geneva Convention provides that POWs must be tried by the same courts and under the same procedures as U.S. soldiers. Under that status, prisoners would be tried for war crimes through courts-martial or civilian courts but not by military tribunals or the special courts the U.S. has said it wants to use. In addition, the prisoners must be housed in conditions similar to those enjoyed by their guards.
Human rights groups claim that the detainees are being held in conditions that fall below minimum standards for humane treatment. Photos of prisoners being transported blindfolded, shackled and shorn support the allegations. Some allied governments have expressed concern about the conditions. The U.S. argues that the prisoners it holds are die-hard supporters of the Taliban, Osama bin Laden and the al-Qaeda network. Dangerous men require special conditions, but the U.S. insists the prisoners are being treated fairly and humanely.