By Merle D. Kellerhals, Jr.
Washington File Staff Writer

Washington -- President Bush has determined that the Geneva Convention applies to members of the Taliban militia, but not to members of the international al-Qaida terrorist network, says White House spokesman Ari Fleischer.

"Under Article 4 of the Geneva Convention, however, Taliban detainees are not entitled to POW [prisoner of war] status," Fleischer said February 7.

"To qualify as POWs under Article 4, al-Qaida and Taliban detainees would have to have satisfied four conditions: they would have to be part of a military hierarchy, they would have to have worn uniforms or other distinctive signs visible at a distance, they would have to have carried arms openly, and they would have had to have conducted their military operations in accordance with the laws and customs of war," he said.

The Geneva Conventions set international standards for the humane treatment of prisoners of war. Specifically, Fleischer referred to the Convention (III) Relative to the Treatment of Prisoners of War, August 12, 1949, and entered into force October 21, 1950.

Fleischer said the war on terrorism is a war not envisaged when the Geneva Conventions were signed in 1949.

However, Fleischer said the United States will continue to "treat all Taliban and al-Qaida detainees in Guantanamo Bay humanely and consistent with the principles of the Geneva Convention. They will continue to receive three appropriate meals a day, excellent medical care, clothing, shelter, showers, and the opportunity to worship. The International Committee of the Red Cross can visit each detainee privately."

While the United States has not recognized the Taliban regime as the legitimate Afghani government, Bush determined that the Taliban members are covered by the conventions, which Afghanistan is a party to, he said.

He said the al-Qaida detainees cannot be considered prisoners of war is because they are not a state party to the Geneva Conventions, and their members are not entitled to POW status.

"In this war, global terrorists transcend national boundaries and internationally target the innocent. The president has maintained the United States' commitment to the principles of the Geneva Convention, while recognizing that the convention simply does not cover every situation in which people may be captured or detained by military forces, as we see in Afghanistan today," Fleischer said.

Currently, the United States is detaining 186 members of the Taliban militia and al-Qaida terrorist group at Camp X-ray at the Guantanamo Naval Base in Cuba.

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