Reality Check: Jim Abbott reinterprets the Geneva Conventions

Yesterday, at the Special Committee on Afghanistan, the Parliamentary Secretary to the Minister for International Cooperation enlightened everyone present on the applicability of the Geneva Conventions to torture in Afghanistan:

“As a lawyer who is responsible to Amnesty International, would you agree with me that the Geneva Convention does not apply in Afghanistan because it is not a state to state conflict? And would you further agree that your answer that you were worried, if I understood you correctly, that you were worried that we could be, or the soldiers could be, subject to the laws under the Geneva Convention, you were worried about that? Considering that it doesn’t apply, would you agree? Why would you answer that irresponsible question, with an irresponsible answer?” Jim Abbott, Parliamentary Secretary to the Minister of International Cooperation, Special Committee on the Canadian Mission in Afghanistan, March 17, 2010

The Geneva Conventions (That’s right Jim, plural) specifically prohibit torture in the case of an armed conflict not of an international character. Have a look:

Common Article 3

In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:

(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, colour, 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;

(d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

(2) The wounded and sick shall be collected and cared for.