Britney Spears (originally aired February 2, 2002)
Detainment of Al Qaeda and Taliban Fighters (last updated February 3, 2002)
The treatment and fate of the Al Qaeda and Taliban fighters captured in Afghanistan sparked controversy in January 2002 as the Bush administration considered whether such detainees could be entitled to certain rights established under international law for prisoners of war.
As of early February, 158 detainees from 25 countries were being held in a quickly-built detention center at Guantanamo Bay Naval Base dubbed "Camp X-Ray." They first began arriving from Afghanistan in mid-December, and six groups of prisoners arrived by mid-January when the United States suspended additional flights while additional detainment facilities were being built. More prisoners are expected to be taken to Guantanamo Bay now that construction of additional space finished in early February.
How these prisoners can be treated in compliance by international law depends on whether they are "prisoners of war" or "unlawful combatants." If prisoners of war, they are protected by the Third Geneva Convention -- adopted by the international community in 1949 and ratified by the United States in 1955 -- and can thus refuse to answer most questions, cannot be tortured, have religious freedom, and must be quartered in conditions equal to the United States forces at the same location. If unlawful combatants, they lack such rights. Under the Geneva Convention, if there is any doubt as to persons' status, they "shall enjoy the protection of the present Convention until such as time as their status has been determined by a competent tribunal."
The Bush administration decided on January 18, 2002 that the detainees were not prisoners of war, without going through an individualized tribunal process. Officials explained this decision as distinguishing between soldiers who were fighting on behalf of a legitimate government from civilians who were simply acting on behalf of a terrorist organization such as Al Qaeda. The Geneva Convention was designed only to apply to identifiable soldiers in a traditional war and not to terrorists, officials said.
Other countries and human-rights advocacy organizations such as Amnesty International and the International Committee of the Red Cross criticized this decision as avoiding due-process guarantees. Breaking with other administration officials, Secretary of State Colin L. Powell asked Bush to reconsider the decision, expressing concern about international reaction and about setting a precedent that could endanger future American captives. Powell reportedly believes that the detainees are not and will not be found to be prisoners of war but that decision made through an individualized process.
Responding to such criticism, Bush said on January 28 that he was reconsidering the decision, but has not yet come to any public conclusions. Administration officials such as Secretary of Defense Donald Rumsfeld have said that whether or not Bush eventually does allow for an individualized process, the detainees are not prisoners of war and will not be found to be so.
Another legal question concerning these detainees is what will happen to them in the future. Officials expect that these people will be either released or charged with crimes, though it is not clear whether they would be charged under the civilian criminal justice system, military courts, or the special military tribunals that Bush authorized on November 13, 2001 to try foreigners charged with terrorism.
Aside from such legal questions, administration officials have defended Camp X-Ray as humane and within the spirit of the Geneva Convention's protections. In a January 22 press briefing, Secretary of Defense Donald Rumsfeld said that treatment of inmates "is proper, it's humane, it's appropriate, and it is fully consistent with international conventions. No detainee has been harmed, no detainee has been mistreated in any way. And the numerous articles, statements, questions, allegations and breathless reports on television are undoubtedly by people who are either uninformed, misinformed, or poorly informed."
Earlier in January, Amnesty International expressed concern about the "alleged ill-treatment of prisoners in transit and in Guantanamo, including reports that they were shackled, hooded and sedated during transfer, their beards were forcibly shaved, and that they are housed in small cages in Guantanamo that do not protect against the elements." Other groups expressed similar concerns.
The 158 detainees at Guantanamo Bay as of February 2002 include citizens from at least 25 countries, including Britain, Australia, France, Belgium, Sweden, Algeria, Yemen, Afghanistan, and Pakistan, according to news reports. Most (at least 100) are reportedly from Saudi Arabia.
Located on the southeast corner of Cuba since 1903, Guantanamo Bay is the oldest United States base overseas. Since the 1990s, the base has been used to hold refugees from Haiti and from Cuba (for more on such refugees as interdicted by the Coast Guard, go here).
Sources: Katharine Q. Seelye and David E. Sanger, Bush reconsiders stand on treating captives of war, New York Times, January 29, 2002. Katharine Q. Seelye, Powell asks Bush to reverse stand on war captives, New York Times, January 27, 2002. The January 22, 2002 press briefing by Donald Rumsfeld is on-line here, and a relevant Janaury 9, 2002 White House press briefing by Ari Fleischer is on-line here. Amnesty International is on-line here; the press release quoted was dated January 15, 2002. The Third Convention relative to the Treatment of Prisoners of War (aka the Third Geneva Convention), adopted on August 12, 1949, entered into force in 1950, and ratified by the United States in 1955, is available via the International Committee of the Red Cross's page on international humanitarian law, on-line here. Information about Guantanamo Bay Naval Base is on-line here. Bush's executive order of November 13, 2001 authorizing military tribunals is on-line here.
Kmart Corporation files for bankruptcy (last updated February 3, 2002)
Seeking to reorganize its operations via federal bankruptcy law, the Kmart Corporation voluntarily filed on January 22, 2002 for bankruptcy. It simultaneously announced that it had secured $2 billion in financing "to fund its turnaround and continuing operations."
In a press release, Kmart said it made its decision to seek reorganization on a "combination of factors, including a rapid decline in its liquidity resulting from Kmart's below-plan sales and earnings performance in the fourth quarter, the evaporation of the surety bond market, and an erosion of supplier confidence. Other factors include intense competition in the discount retailing industry, unsuccessful sales and marketing initiatives, the continuing recession, and recent capital market volatility."
According to the press release, Kmart is a $37 billion company with more than 2,100 retail outlets, and it and its subsidiaries had $17 billion of assets at book value and $11.3 billion of liabilities as of the fiscal quarter ending October 31, 2001.
In recent years, Kmart has formed ties with Martha Stewart Living Omnimedia (MSO), the multimedia and merchandising company headed by Martha Stewart. According to Kmart's corporate timeline, Kmart launched a line of Martha Stewart Everyday line of bed and bath fashions in 1997, and the two companies announced a long-term merchandising agreement in 2001.
"We remain optimistic that Kmart, our long-time domestic mass-market merchandising retail partner, will ultimately emerge from this situation as a stronger, more competitive company in keeping with its proud heritage," Martha Stewart said in a press statement issued the same day of Kmart's filing.
"Going forward, Kmart will continue to sell Martha Stewart Everyday brand products under the terms of our contract for the foreseeable future. Kmart had a number of outstanding payment obligations to MSO at the time of the filing. The amount we ultimately realize from these payment obligations cannot currently be determined. However, we believe that Kmart values its relationship with MSO and expect that Kmart will take steps to ensure that we receive payment as fully and promptly as possible."
As of Kmart's filing, MSO had accounts receivable due from Kmart totaling about $13 million, according to the MSO press release. According to MSO's 2000 annual report to investors, the company earned $24 million in merchandising to retailers such as Kmart, out of a total revenue of $285 million, mostly from publishing.
Kmart's bankruptcy case was filed in the U.S. Bankruptcy Court for the Northern District of Illinois, and has been assigned to Chief Judge Susan Pierson Sonderby under case number 02B-02474. As of February 3, 2002, Kmart Corporation planned to provide updates on-line here.
Sources: All information here comes from corporate press releases and/or reports issued on-line by Kmart and by Martha Stewart Living Omnimedia. Kmart's January 22, 2002 press release announcing the filing is on-line here, and its January 29, 2002 press release announcing updates is on-line here. Kmart's site for future updates is on-line here, and the corporate timeline is here. Martha Stewart Living Omnimedia's January 22, 2002 press release and 2000 annual report are on-line via the investor relations page here. The Bankruptcy Court for the Northern District of Illinois is on-line here.
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