The effect of the US government’s decision to close Guantanamo and treat the detainees as suspects in the criminal system has a chilling and immoral impact on International human liberties. Geneva Conventions 3, for the treatment of POWs, and 4, for the protection of civilians, are being rendered ineffectual. In the 3^rd Convention, those who qualify as combatants are defined in Article 4 as a member of the organized military of a “contracting power”, or for insurgencies, militias and non-contracting powers, and defines how such members gain protections. The 4^th Convention defines a civilian as those who do are not combatants.

Item (d) in the qualification for protection for combatants, of the organization to which a subject was associated: “that of conducting their operations in accordance with the laws and customs of war”. Thus adherence to the laws and customs of warfare, promoted by the Geneva Conventions and protocols, is no longer necessary and is, frankly, disadvantageous. A nation can withdraw from the Conventions and expect Convention "like" treatment for their citizens and soldiers, thus freeing that nation from actions that endanger and burden their armed forces.

This further weakens the 3^rd Convention requirements to act as a military force by distinguishing themselves from civilians. And thus, as we have obviously seen in Iraq, Afghanistan and around Israel, civilians are greatly endangered.

Such blatant disregard for the objectives of the Geneva Conventions is a moral failing with the most serious consequences. The effects of these actions will be felt ever more greatly in years ahead.