Here’s a good piece by Ted Lapkin, arguing that the crimes of the detained Al Qaeda holy warriors have placed them outside the privileges and protections of the Geneva Conventions: When rules go out the window and near-torture is self-defence.

The Geneva Convention on Prisoners of War goes well beyond the convention against torture to impose a blanket prohibition on any sort of pressure during questioning. In fact, the Geneva Convention imposes such severe limitations on interrogators that it would outlaw routine investigative procedures used every day by Australian police.

But that point is really academic, because the text of the conventions makes them inapplicable to the conflict with al-Qaeda. Human rights advocacy groups may not like it, but the letter of international law is not always consistent with their political agendas.

These are not simply hypothetical dilemmas that are the stuff of law school classrooms or philosophy seminars. We live in a time when these are real-world questions with real-world consequences. A case in point: last July, when the Chicago Tribune reported that “recent information from Guantanamo has derailed plans for attacks during the Athens Olympics next month and possibly forestalled at least a dozen attacks elsewhere”.

The laws of war essentially propose a contract to combatants: if you observe these rules of civilised warfare, then you will be treated in a civilised manner. The conditional nature of legitimate combatant status is reflected in the text of the four Geneva Conventions of 1949. A common article two of those conventions states that parties to the treaty are under no legal obligation to apply their terms to non-parties who do not themselves abide by the law of armed conflict.

The men detained at Guantanamo were captured on the battlefield while fighting for organisations that systematically violated the most basic tenets of the law of war. Captured al-Qaeda fighters were drawn from the ranks of an organisation that sees the deliberate destruction of women, children and the elderly as a legitimate tactic. From flying hijacked airliners into office buildings to bombing commuter trains in Madrid, Osama bin Laden’s minions have committed every war crime on the books.