This opinion sets forth the judgment of the International Court of Justice (ICJ) in the Camp X-Ray case (Saudi Arabia v. U.S.) regarding the status and treatment of non-Americans captured by the United States Government (USG) during the recent conflict in Afghanistan and detained at its naval base at Guantanamo Bay, Cuba.
The power of ICJ to hear and decide this case is based on the voluntary submission by the Governments of Saudi Arabia and the United States to its jurisdiction. ICJ under its charter has no power to determine whether the rights of any individuals have been violated nor to fashion individual remedies such as damage awards. This Court, however, may issue orders against governments to remedy their violations of their obligations against other states under treaties binding upon them or international law.
Saudi Arabia and the United States are parties to the four Geneva Conventions (1949) dealing with prisoners of war (POWs) and related issues, as is the Government of Afghanistan.
The first issue before the Court is the status of captives who are members of the Al-Qaeda organization or the Taliban. In its Memorial, the United States argues that Al-Qaeda members because they do not represent any government, are in fact members of an internationally recognized terrorist group, and otherwise fail to meet the requirements of Article 4(2) --i.e. they "did not wear uniforms, . . . have insignia, . . . carry weapons openly, . . . [nor conduct operations] in accordance with the laws of war" (Decision 479). Saudi Arabia says that "whether or not the detainees . . . are given the status of POW is irrelevant" (S.A. Memorial 1). We disagree. Al-Qaeda members clearly do not qualify as POWs under the Geneva Conventions.
The United States maintains that Taliban combatants are "unlawful combatants" who do not qualify for POW status because they fail to meet the criteria of Article 4(2) and because the Taliban was not a rec...