Are the detainees POWs or civilians?

 

Taliban and al-Qaida detainees sit in a holding area under the watchful eyes of military police at Camp X-Ray at Naval Base Guantanamo Bay, Cuba. (U.S. Navy handout)

Overview: Why is the status of the Taliban and the al Qaeda detainees held at Guantanamo Bay's Camp X-Ray being debated by the U.S. government and human rights groups? How is the terminology used to describe the detainees significant in terms of their present and future treatment? Does the Geneva Convention apply to the detainees? Help students understand why the treatment of the detainees has become an international issue. Challenge students to consider human rights in a political context.

Curriculum Connections: Current Issues, Political Science

Have students read the story, "U.S., critics debate whether detainees are POWs," and answer the following questions:

1. What terms is the United States using to refer to the detainees held at Guantanamo Bay's Camp X-Ray? What human rights groups have become involved in the debate over the status of the detainees? What terms are human rights groups using to refer to the detainees? Why is the name given to the detainees important? Why is the United States detaining the prisoners? What is the Geneva Convention? Under what circumstances would the guidelines spelled out in the Geneva Convention apply to the detainees? If the Geneva Convention does not apply to the detainees, how will they be dealt with by the United States?

2. In your opinion, should the detainees be considered civilians or prisoners of war? Explain. Defense Secretary Donald Rumsfeld said, "By not wearing uniforms, by not carrying your weapon openly, by not carrying insignia … you're trying to suggest that you want the advantages that accrue to an innocent, a civilian, a noncombatant." Ask students: Why is this statement important in relation to the debate between the U.S. government and human rights groups over the status of the detainees?

3. View images associated with the members of the Taliban and the al Qaeda terrorist network as portrayed in various media. Have students research the criteria identified by the 1949 Geneva Convention used to determine prisoner-of-war status. Ask: Do you think the detainees should be considered prisoners of war or civilians? Instruct students to apply the criteria to the visuals of the detainees shown since September 11. Divide the class into two groups, representing the U.S. government and the human rights groups. Have a spokesperson from each group present the argument for or against designating the detainees as prisoners of war. After both sides have debated the issue, have students vote for or against the detainees' designation as POWs or civilians. Direct students to write letters to the editor of their local newspaper articulating the results of their class's popular vote regarding the status of the Taliban and the al Qaeda members.

Extension: Have students consider whether or not the treatment of the detainees should be dependent on their designation as either prisoners or civilians. Direct students to write personal essays in which they respond to the question: Do you think human rights should or should not supersede political exigencies and military strategies?

4. Have students conduct research on the status and treatment of American Taliban John Walker since his capture in November 2001 in the siege of Kunduz, Afghanistan. Ask students why Walker is being treated differently from the detainees at Guantanamo Bay's Camp X-Ray. Point out that the detainees come from various home countries; for example, three detainees have claimed British citizenship. Have students discuss how citizenship impacts the rights of the Taliban and the al Qaeda detainees. Ask: Do you think all members of the Taliban and the al Qaeda network should be treated the same or differently by the U.S. government? State your rationale.