*EPF209 04/20/2004
Byliner: U.S. Conducts Fight Against Terrorism Under Laws of War
(Op-ed column by State Department's Thomas O'Connell) (380)

(This column by Thomas W. O'Connell, U.S. assistant secretary of defense for special operations and low-intensity conflict, was published April 20 in USA Today and is in the public domain. No republication restrictions.)

(begin byliner)

U.S. ACTS UNDER LAWS OF WAR
By Thomas W. O'Connell
Assistant Secretary of Defense for Special Operations and Low-intensity Conflict, U.S. Department of Defense

Al-Qaeda and its affiliated terrorist organizations have declared war against the United States and our allies. They operate in violation of internationally recognized laws of war -- targeting and murdering thousands of civilians.

In response, the United States and our allies have deployed forces to fight these foes who target civilians.

We have a right to defend ourselves. And yet, faced with our enemy's barbaric conduct, the United States continues to act in accordance with the laws of war. Under such laws, captured enemy combatants may be detained until the end of hostilities.

The United States has a policy of releasing those who are no longer a threat, those who no longer have valuable intelligence and those who would not face criminal prosecution. We have screened and released more than 8,000 suspected combatants in Afghanistan, ultimately detaining only a small fraction. We have released 134 detainees from the detention center at Guantanamo Bay, Cuba, to date. We will continue to release individuals once we determine they no longer threaten our national security.

When the United States detains enemy combatants, in all cases they are treated humanely. The International Committee of the Red Cross maintains a presence at Guantanamo, and numerous officials from the U.S. Congress, the international community and the media have visited there.

Likewise, those detainees who have been charged with violations of the law of war or are being considered for charges have been provided a defense counsel. Their attorneys have been zealous advocates who ensure that anyone tried before a military commission will have a fair trial.

Thousands of innocents were killed in the World Trade Center, the Pentagon and on the fields of Pennsylvania on Sept. 11, 2001.

We will continue to defend ourselves and our way of life, and will balance our security with fairness.

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(Distributed by the Bureau of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)

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