The Taliban were also serial transgressors against the law of war. At a press conference in early 2002, the US Secretary of Defence, Donald Rumsfeld, explained why Washington declined to recognise Taliban fighters as legal combatants:
The Taliban did not wear distinctive signs, insignias, symbols or uniforms ... To the contrary, far from seeking to distinguish themselves from the civilian population of Afghanistan, they sought to blend in with civilian non-combatants, hiding in mosques and populated areas. They [were] not organised in military units, as such, with identifiable chains of command; indeed, al-Qaeda forces made up portions of their forces.
The Guantanamo Bay detainees are illegal combatants whose actions placed them beyond the pale of international law. To afford them the privileges and protections of the Geneva Conventions, despite their crimes, would provide reward where retribution is warranted.
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If the task of preventing the next September 11 requires that al-Qaeda captives at Guantanamo Bay be denied their full eight hours of slumber, I certainly won’t lose any sleep over it.
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