About prisoners of war
Ripping international law apart has consequences. Most international law obligations are reciprocal. Although Iraq has now announced it will observe the convention, the impetus to ignore the convention came from the Bush administration, not Iraq.

Article 5 of the Convention provides:

The present Convention shall apply to the persons referred to in Article 4 from the time they fall into the power of the enemy and until their final release and repatriation.

Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.

No competent tribunal has ever determined the status of the Gunatanamo prisoners. A mere declaration by Bush does not satisfy Article 5. Even apartheid South Africa, during Nelson Mandela's long imprisonment, did not deny him a lawyer or all access to family.

Australians can be proud that, for once, the Howard government is not aping every diplomatic bungle committed by the Bush administration.

Australian Department of Defence Media Mail List
------------------------------------------------------------------------

Identifying prisoners of war

Department of Defence is aware that some news organisations have shown images of prisoners of war (POWs) in the course of covering the events of the conflict in Iraq.

Media organisations should be aware of Article 13 of the Geneva Convention III, which states that POWs must at all times be "protected, particularly against acts of violence or intimidation and against insults and public curiosity."

Article 27 of the Geneva Convention IV has the same provisions for civilian detainees and civilian internees. This includes restrictions of photographing and filming POWs, civilian detainees and civilian internees.

Defence requests media organisations "pixilate" the faces of both Coalition and Iraqi prisoners of war.

The Australian Defence Force will treat all captives humanely and will comply with the laws of armed conflict to which Australia is bound as was demonstrated recently with POWs aboard HMAS Kanimbla.

Any stills or vision taken by ADF Public Affairs personnel in the MEAO goes through a rigorous clearance process prior to its release to ensure compliance with the conventions.

Any vision that is deemed inappropriate for release is retained for evidentiary and or historical purposes, at the appropriate classification.

Defence requests the assistance of the media organisations in ensuring that Australia meets its obligations under the conventions.

For further details please contact:

Defence Media Liaison

Andy Anderson 02 6265 2913 0419 621 753