Key U.S. Policy Priorities
The Order interprets the meaning
and application of Common Article 3 with respect to certain detentions and
interrogations. Specifically, the interpretation of Common Article 3 set forth
in this Order is applied to the Central Intelligence Agency's detention and
interrogation program whose purpose is to question captured Al Qaeda terrorists
who have information on attack plans or the whereabouts of the group's senior
leaders.
The Order requires that any CIA interrogation program that might go forward
comply with all relevant federal statutes, including the prohibition on "cruel,
inhuman, or degrading treatment or punishment" in the Detainee Treatment Act of
2005, the federal prohibition on torture, and the War Crimes Act, all of which
protect against violations of Common Article 3. The Order imposes other explicit
limitations on interrogation techniques and conditions of confinement in a CIA
program. It bars, "acts of violence serious enough to be considered comparable
to murder, torture, mutilation, and cruel and inhuman treatment." It also
prohibits "willful and outrageous acts of personal abuse done for the purpose of
humiliating or degrading the individual in a manner so serious that any
reasonable person, considering the circumstances, would deem the acts beyond the
bounds of human decency." And the Order forbids acts intended to denigrate
detainees' religion, religious practices, or religious objects.
Unlawful enemy combatants The White House determined in
February 2002 that Taliban detainees are covered under the
Geneva Conventions, while Al Qaeda detainees are not, but that
none of the detainees qualifies for the status of prisoner of
war (POW) under the Conventions. The Bush Administration has
deemed all of the detainees to be “unlawful enemy combatants,”
who may, according to Administration officials, be held
indefinitely without trial or even were they eventually
acquitted by a military tribunal. However, the detainees at
Guantanamo Bay have been allowed to meet with representatives of
the International Committee of the Red Cross (ICRC) and
diplomatic representatives of their States of nationality.
Combatant Status Review Tribunals After the U.S. Supreme
Court held that U.S. courts have jurisdiction to hear legal
challenges on behalf of more than 500 persons detained at the
U.S. Naval Station in Guantanamo Bay, Cuba in connection with
the war against terrorism, the Pentagon established
administrative hearings, called “Combatant Status Review
Tribunals” (CSRTs), to allow the detainees to contest their
status as enemy combatants.
Military Commissions have historically been used to prosecute
enemy combatants who violate the laws of war. They
provide:
A fair trial in accordance with the applicable laws of war; All
the necessary judicial guarantees which are recognized as
indispensable by civilized peoples for purposes of common
Article 3 of the Geneva Conventions; Appropriate protection of
national security interests; and Protection and safety for all
personnel participating in the process, including the accused.
The United States and International Law We do not
seek to impose constraints on others but shrink from them
ourselves. Our careful approach to treaty negotiation and treaty
acceptance reflects our respect for international law, not a
desire to be free of it. When we assume international
obligations, we take them seriously and seek to meet them, even
when doing so is painful. And where international law applies,
all branches of the U.S. government, including the judiciary,
will enforce it.
Major US Government Statements
A select list of major statements On the United States and Iraq with policy value.
-
U.S. Official Explains New Military Commission Law (2006-10-23)
-
Bush Signs Military Commission Act To Try Terrorist Suspects (2006-10-17)
- Clarifying U.S. Treaty Obligations a Good Step, Says Negroponte (2006-09-21)
-
President's Speech on the Global War on Terror (2006-09-06)
-
Geneva Conventions Will Apply to Detainees, U.S. Official Says (2006-07-11)
Latest US Government Statements
The five most recent statements in reverse chronological order.
- U.S. Transfers 16 Detainees to Saudi Arabia from Guantanamo (2006-12-14) ...
- Albania Agrees To Resettle Three Detainees from Guantanamo (2006-11-20) ...
- U.S. Official Explains New Military Commission Law (2006-10-23) ...
- Bush Signs Military Commission Act To Try Terrorist Suspects (2006-10-17) ...
- Congress Passes Legislation on Questioning, Trying Detainees (2006-09-29) ...
US Government Fact Sheets
The five most recent fact sheets.
-
Department of Defense Fact Sheet: The Military Commissions
(Feb. 8, 2007)

- White House Fact Sheet: The Military Commissions Act of 2006 (Oct. 17, 2007)








