Many people believe that the individuals being held at Guantanamo Bay should have no rights. After all, are these not terrorists trying to kill us and destroy our civilization? Why then, should we afford them any rights. Well, there are several reasons. While those being held at Guantanamo are not in deplorable conditions, there are several aspects of international law that are being ignored, if not flouted.

INNOCENT UNTIL PROVEN GUILTY

If terrorists deserve no rights, that is fine, but let's at least establish that they are indeed terrorists by giving them a trial. Currently, the inmates are held indefinitely with no charges, no trial, and no sense of when their punishment will end. What if there are innocents among them? Given the situation that occurred with Maher Arar, it seems clear that the system being used to determine guilt is not infallible.

INTERNATIONAL LAW

The US needs to abide by international law, if they want to be respected by the community. Furthermore, they can hardly accuse others of not adhering to international law, if they themselves flagrantly ignore it. Calling those captured 'enemy combatants' as opposed to Prisoners of War, is a weak semantic argument that no one accepts, except for the occasional flag-waving American incapable of comprehending that America could do anything wrong. The US has agreed to both the Universal Declaration of Human Rights and is party to the Geneva convention relative to the treatment of prisoners of war.

LEADER BY EXAMPLE

Ignoring human rights through semantics and legal loopholes is not the action of a country that seeks to be a leader in human rights. It is the action of a rogue nation failing to adhere to the spirit of international treaties. If the US truly seeks to be in a position of moral authority such that it can help facilitate badly needed reforms in nations with much more egregious human rights violations, then it needs to be a shining example.

WINNING HEARTS AND MINDS

While we are fully aware of the fact that the terrorists and militants are not likely to reciprocate treatment of American POW's, the fact that America 'turns the other cheek' in essence sends a message to the world. We are the good guys. It's a very powerful message, and one that is likely to make moderates turn towards into supporters and turn extremists into moderates. If America decides to base their treatment of the enemy on the treatment that terrorists give Americans, then there is no difference - and the only way to determine the righteous - will be to dig into the history books to see who started it.

There are many excuses one can give to explain the human rights abuses taking place in Guantanamo and the conditions provided are not as bad as what other nations provide. However, the war on terror can not be won with planes and guns alone, it must be won with hearts and minds - and setting a decent, just example is a great place to start.

Learn more about this author, Adam Greenwood.
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