Bloodless Coup

Why We Should NOT Clarify Article 3 of the Geneva Conventions

Radley Balko gets to the heart of the matter:

In any case, the vagueness of the phrase "outrages on personal dignity, in particular humiliating and degrading treatment" is a real strength of the Convention, not a flaw. Why? Because those who hold prisoners captured on battlefields everywhere will have to think long and hard about what activities might violate that provision and lead them later to be charged with war crimes. It encourages military and other jailers to err on the side of caution when it comes to their treatment of prisoners. This is a point that Republican Senators McCain, Graham and Warner have made repeatedly—we would want those holding captured American soldiers as prisoners to treat them well physically and with the utmost respect for their rights. Also, the fact that some CIA operatives are buying legal insurance in order to pay for their legal costs should they have to defend themselves in court from accusations that they committed war crimes is evidence that Article III is working as intended.