DIRECTOR, ADMINISTRATION AND MANAGEMENT DIRECTOR, FORCE TRANSPORMATION DIRECTOR, NET ASSESSMENT DIRECTOR, PROGRAM ANALYSIS AND EVALUATION DIRECTORS OF THE DEFENSE AGENCIES DIRECTORS OF THE DOD FIELD ACTIVITIES THE WHITE HOUSE WASHINGTON February 7, 2002 MEMORANDUM FOR THE VICE PRESIDENT SUBJECT: 1. 2. THE SECRETARY OF STATE THE SECRETARY OF DEFENSE THE ATTORNEY GENERAL CHIEF OF STAFF TO THE PRESIDENT DIRECTOR OF CENTRAL INTELLIGENCE ASSISTANT TO THE PRESIDENT FOR NATIONAL CHAIRMAN OF THE JOINT CHIEFS OF STAFF Humane Treatment of al Qaeda and Taliban Detainees Our recent extensive discussions regarding the status of al Qaeda and Taliban detainees confirm that the application of the Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949 (Geneva) to the conflict with al Qaeda and the Taliban involves complex legal questions. By its terms, Geneva applies to conflicts involving "High Contracting Parties, which can only be states. Moreover, it assumes the existence of "regular" armed forces fighting on behalf of states. However, the war against terrorism ushers in a new paradigm, one in which groups with broad, international reach commit horrific acts against innocent civilians, sometimes with the direct support of states. Our Nation recognizes that this new paradigm -- ushered in not by us, but by terrorists -requires new thinking in the law of war, but thinking that should nevertheless be consistent with the principles of Geneva. Pursuant to my authority as Commander in Chief and Chief Executive of the United States; and relying on the opinion of the Department of Justice dated January 22, 2002, and on the legal opinion rendered by the Attorney General in his letter of February 1, 2002, I hereby determine as follows: b. I accept the legal conclusion of the Department of I accept the legal conclusion of the Attorney General 3. 5. 6. c. d. 2 exercise that authority at this time. Accordingly, I determine that the provisions of Geneva will apply to our present conflict with the Taliban. I reserve the right to exercise this authority in this or future conflicts. I also accept the legal conclusion of the Department of Justice and determine that common Article 3 of Geneva does not apply to either al Qaeda or Taliban detainees, because, among other reasons, the relevant conflicts are international in scope and common Article 3 applies only to armed conflict not of an international character." Based on the facts supplied by the Department of Of course, our values as a Nation, values that we share with The United States will hold states, organizations, and I hereby reaffirm the order previously issued by_the I hereby direct the Secretary of State to communicate my determinations in an appropriate manner to our allies, and other countries and international organizations cooperating in the war against terrorism of global reach. |