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)
