Prisoner Abuse Bush Order

[seemslikeadream]

From the Associated Press


Prisoner Abuse Bush Order

Wednesday June 23, 2004 1:31 AM


By The Associated Press

Text of order signed by President Bush on Feb. 7, 2002, outlining treatment of al-Qaida and Taliban detainees:

1. Our recent extensive discussions regarding the status of al-Qaida and Taliban detainees confirm that the application of Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949, (Geneva) to the conflict with al-Qaida 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.

2. 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:

a. I accept the legal conclusion of the Department of Justice and determine that none of the provisions of Geneva apply to our conflict with al-Qaida in Afghanistan or elsewhere throughout the world because, among other reasons, al-Qaida is not a High Contracting Party to Geneva.

b. I accept the legal conclusion of the attorney general and the Department of Justice that I have the authority under the Constitution to suspend Geneva as between the United States and Afghanistan, but I decline to 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 the authority in this or future conflicts.

c. 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-Qaida 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.''

d. Based on the facts supplied by the Department of Defense and the recommendation of the Department of Justice, I determine that the Taliban detainees are unlawful combatants and, therefore, do not qualify as prisoners of war under Article 4 of Geneva. I note that, because Geneva does not apply to our conflict with al-Qaida, al-Qaida detainees also do not qualify as prisoners of war.

http://www.guardian.co.uk/uslatest/story/0,1282,-4234234,00.html

[seemslikeadream]

1. more

3. Of course, our values as a nation, values that we share with many nations in the world, call for us to treat detainees humanely, including those who are not legally entitled to such treatment. Our nation has been and will continue to be a strong supporter of Geneva and its principles. As a matter of policy, the United States Armed Forces shall continue to treat detainees humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of Geneva.

4. The United States will hold states, organizations, and individuals who gain control of United States personnel responsible for treating such personnel humanely and consistent with applicable law.

5. I hereby reaffirm the order previously issued by the secretary of defense to the United States Armed Forces requiring that the detainees be treated humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of Geneva.

6. 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.

http://www.guardian.co.uk/uslatest/story/0,1282,-4234234,00.html

[yardwork]

2. Note that this is signed before we invaded Iraq.

There's more to come, I'm sure.

Edited to add: Thank you so much, seemslikeadream.

[lostnfound]

3. Yes, thank you. I just sent an LTTE on this general subject..

darn it, I wish I'd read this first!

[Voltaire99]

4. The world has already seen PFC Englund give her thumbs up...

And now it has seen Bush give his.

[F.Gordon]

5. But, if we are "at war"......

How do you "determine that the Taliban detainees are unlawful combatants and, therefore, do not qualify as prisoners of war under Article 4 of Geneva. I note that, because Geneva does not apply to our conflict with al-Qaida, al-Qaida detainees also do not qualify as prisoners of war."??

This is heavy shit. So, how do the RWers reconcile this whole woor on tar bullshit?

[not systems]

6. Also if we are at "war" why no declaration of war?

How can Bush claim "wartime" powers when no war is declared.

[Mayberry Machiavelli]

7. Because it's "war" when it's convenient for them, like being a Napoleon-

like "war president" with mad leadership skilz.

It's "not war" when "war" (as in "prisoner of war" and the conventions governing them) gets in the way of you doing all kinds of funky torture and stuff that you want to do.

[Devils Advocate NZ]

8. What a fool

That document PROVES that George W Bush is a war criminal.

Why do I say this? The Third Geneva Convention of 1949 requires, in case of doubt, that POW status be granted until a 'competent tribunal' has made a final determination.

Bush and the US Justice Department DO NOT count as a 'competent tribunal' - only the ICC or some other tribunal formed by the UN would meet that specification.

Otherwise, Al Qaeda could claim THEY formed a 'competent tribunal' and determined that US contractors are 'illegal combatants' and therefore have no rights and can be legally beheaded.

Also, by defining Al Qaeda as 'unlawful combatants' they fall under the Fourth Geneva Convention of 1949 and enjoy its protections, including customary Human Rights protections.

This order constitutes a prima facie case against George W Bush for War Crimes and Crimes Against Humanity.

[PurityOfEssence]

9. the "because I say so" administration

All actions of this mob are best viewed through the prism of schoolyard taunts and mean little boy pranks.