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Hamdan Policy [Folder 2]
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Hamdan Policy [Folder 2]
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Chris Michel's Files
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2014-0224-F
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Thursday, October 16, 2014
FOIA Marker
This is not a textual record. This FOIA Marker indicates that material has been removed
during FOIA processing by George W. Bush Presidential Library staff.
Speechwriting, White House Office of
Michel, Christopher - Chron Files
Location or
NARA Number:
FRC ID:
OA Number:
Stack: Row: Sect.: Shelf: Pos.:
Hollinger ID:
W
17
6
5
2
8963
21826
8061
8127
Folder Title:
Hamdan Policy [Folder 2]
Withdrawn/Redacted Material
The George W. Bush Library
DOCUMENT FORM
SUBJECT/TITLE
PAGES
DATE
RESTRICTION(S)
NO.
001
Report
Effects of Hamdan's Determination Regarding Common
8
07/06/2006
P5;
Article 3 of the Geneva Conventions
002
Email
Re: Hamdan speech - To: Christopher G. Michel - From:
1
07/14/2006
P5;
David S. Addington
003
Report
Effects of hamdan's Determination Regarding Common
8
07/06/2006
P5;
Article 3 of the Geneva Conventions
004
Draft
Summary of Proposed Legislation
5
N.D.
P5;
005
Bill
Enemy Combatant Military Commissions Act
29
N.D.
P5;
006
Report
Legislative Options to Address Hamdan V. Rumsfeld
8
07/05/2006
P5;
COLLECTION TITLE:
Speechwriting, White House Office of
SERIES:
Michel, Christopher - Chron Files
FOLDER TITLE:
Hamdan Policy [Folder 2]
FRC ID:
8963
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advise between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRAJ
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(8) Release would disclose information concerning the regulation of
2201(3).
financial institutions [(b)(8) of the FOIA]
b(9) Release would disclose geological or geophysical information
Deed of Gift Restrictions
concerning wells [(b)(9) of the FOIA]
A. Closed by Executive Order 13526 governing access to national
Records Not Subject to FOIA
security information.
B. Closed by statute or by the agency which originated the document.
Court Sealed - The document is withheld under a court seal and is not subject to
C. Closed in accordance with restrictions contained in donor's deed
the Freedom of Information Act.
of gift.
2014-0224-F
Page 1 of 2
This document was prepared on Wednesday, November 19, 2014
Withdrawn/Redacted Material
The George W. Bush Library
DOCUMENT FORM
SUBJECT/TITLE
PAGES
DATE
RESTRICTION(S)
NO.
007
Report
Summary of Legislative/Policy Options
2
N.D.
P5;
008
Bill
Enemy Combatant Military Commissions Act
11
07/06/2006
P5;
009
Presentation
US Detention Facilities - From: Detainee Affairs
26
06/2006
P5; P6/b6;
Division, J-5 Deputy Director for the War on Terrorism,
Joint Chiefs of Staff
COLLECTION TITLE:
Speechwriting, White House Office of
SERIES:
Michel, Christopher - Chron Files
FOLDER TITLE:
Hamdan Policy [Folder 21
FRC ID:
8963
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P.1 National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advise between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(8) Release would disclose information concerning the regulation of
2201(3).
financial institutions [(b)(8) of the FOIA]
b(9) Release would disclose geological or geophysical information
Deed of Gift Restrictions
concerning wells [(b)(9) of the FOIA]
A. Closed by Executive Order 13526 governing access to national
Records Not Subject to FOIA
security information.
B. Closed by statute or by the agency which originated the document.
Court Sealed - The document is withheld under a court seal and is not subject to
C. Closed in accordance with restrictions contained in donor's deed
the Freedom of Information Act.
of gift.
2014-0224-F
Page 2 of 2
This document was prepared on Wednesday, November 19, 2014
Withdrawal Marker
The George W. Bush Library
FORM
SUBJECT/TITLE
PAGES
DATE
RESTRICTION(S)
Report
Effects of Hamdan's Determination Regarding Common Article 3 of the
8
07/06/2006
P5;
Geneva Conventions
This marker identifies the original location of the withdrawn item listed above.
For a complete list of items withdrawn from this folder, see the
Withdrawal/Redaction Sheet at the front of the folder.
COLLECTION:
Speechwriting, White House Office of
SERIES:
Michel, Christopher - Chron Files
FOLDER TITLE:
Hamdan Policy [Folder 2]
FRC ID:
FOIA IDs and Segments:
8963
2014-0224-F
OA Num.:
8127
NARA Num.:
8061
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advise between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(8) Release would disclose information concerning the regulation of
2201(3).
financial institutions [(b)(8) of the FOIA]
b(9) Release would disclose geological or geophysical information
Deed of Gift Restrictions
concerning wells [(b)(9) of the FOIA]
A. Closed by Executive Order 13526 governing access to national
Records Not Subject to FOIA
security information.
B. Closed by statute or by the agency which originated the document.
Court Sealed - The document is withheld under a court seal and is not subject to
C. Closed in accordance with restrictions contained in donor's deed
the Freedom of Information Act.
of gift.
This Document was withdrawn on 10/16/2014 by DRS
Withdrawal Marker
The George W. Bush Library
FORM
SUBJECT/TITLE
PAGES
DATE
RESTRICTION(S)
Email
Re: Hamdan speech - To: Christopher G. Michel - From: David S.
1
07/14/2006
P5;
Addington
This marker identifies the original location of the withdrawn item listed above.
For a complete list of items withdrawn from this folder, see the
Withdrawal/Redaction Sheet at the front of the folder.
COLLECTION:
Speechwriting, White House Office of
SERIES:
Michel, Christopher - Chron Files
FOLDER TITLE:
Hamdan Policy [Folder 2]
FRC ID:
FOIA IDs and Segments:
8963
2014-0224-F
OA Num.:
8127
NARA Num.:
8061
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advise between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(8) Release would disclose information concerning the regulation of
2201(3).
financial institutions [(b)(8) of the FOIA]
b(9) Release would disclose geological or geophysical information
Deed of Gift Restrictions
concerning wells [(b)(9) of the FOIA]
A. Closed by Executive Order 13526 governing access to national
security information.
B. Closed by statute or by the agency which originated the document.
C. Closed in accordance with restrictions contained in donor's deed
of gift.
This Document was withdrawn on 10/16/2014 by DRS
AQ/GENGUA
THE WHITE HOUSE
WASHINGTON
February 7, 2002
MEMORANDUM FOR:
THE VICE PRESIDENT
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
SECURITY AFFAIRS
CHAIRMAN OF THE JOINT CHIEFS OF STAFF
SUBJECT:
Humane Treatment of Taliban and al Qaeda Detainees
1.
Our recent extensive discussions regarding the status of al Qaeda 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 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.
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,
get thee
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 Qaeda in
Afghanistan or elsewhere throughout the world because, among other
reasons, al Qaeda 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. T 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
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."
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 Qaeda, al Qaeda detainees also do not
qualify as prisoners of war.
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.
wish
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.
/s/ George W. Bush
[ CBG / AP & CNN - 2004.06.22
Ganera
THE or DUE
OFFICE OF THE SECRETARY OF DEFENSE
WASHINGTON, DC 20301
JUL 7 2006
MEMORANDUM FOR SECRETARIES OF THE MILITARY DEPARTMENTS
CHAIRMAN OF THE JOINT CHIEFS OF STAFF
UNDER SECRETARIES OF DEFENSE
COMMANDERS OF THE COMBATANT COMMANDS
ASSISTANT SECRETARIES OF DEFENSE
GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE
DIRECTOR, OPERATIONAL TEST AND EVALUATION
INSPECTOR GENERAL OF THE DEPARTMENT OF DEFENSE
ASSISTANTS TO THE SECRETARY OF DEFENSE
DIRECTOR, ADMINISTRATION AND MANAGEMENT
DIRECTOR, PROGRAM ANALYSIS AND EVALUATION
DIRECTOR, NET ASSESSMENT
DIRECTOR, FORCE TRANSFORMATION
DIRECTORS OF THE DEFENSE AGENCIES
DIRECTORS OF THE DOD FIELD ACTIVITIES
SUBJECT: Application of Common Article 3 of the Geneva Conventions to the
Treatment of Detainees in the Department of Defense
The Supreme Court has determined that Common Article 3 to the Geneva
Conventions of 1949 applies as a matter of law to the conflict with Al Qaeda. The Court
found that the military commissions as constituted by the Department of Defense are not
consistent with Common Article 3.
It is my understanding that, aside from the military commission procedures,
existing DoD orders, policies, directives, execute orders, and doctrine comply with the
standards of Common Article 3 and, therefore, actions by DoD personnel that comply
with such issuances would comply with the standards of Common Article 3. For
example, the following are consistent with the standards of Common Article 3: U.S.
Army Field Manual 34-52, "Intelligence Interrogation," September 28, 1992; DoD
Directive 3115.09, "DoD Intelligence Interrogation, Detainee Debriefings and Tactical
Questioning," November 3, 2005; DoD Directive 2311.01E, "DoD Law of War
Program," May 9, 2006; and DoD Instruction 2310.08E, "Medical Program Support for
Detainee Operations," June 6, 2006. In addition, you will recall the President's prior
directive that "the United States Armed Forces shall continue to treat detainees
humanely," humane treatment being the overarching requirement of Common Article 3.
You will ensure that all DoD personnel adhere to these standards. In this regard, I
request that you promptly review all relevant directives, regulations, policies, practices,
and procedures under your purview to ensure that they comply with the standards of
Common Article 3.
OSD 10735-06
7/7/2006 4:37:09 PM
Your reply confirming completion of this review should be submitted by a
Component Head, General/Flag Officer, or SES member, including a reply of "reviewed
and no effect" where applicable, to the Deputy Assistant Secretary of Defense (DASD)
for Detainee Affairs, Office of the Under Secretary of Defense for Policy, no later than
three weeks from the date of this memorandum. The DASD for Detainee Affairs may be
reached at (703) 697-4602.
The text of Common Article 3 follows:
In the case of armed conflict not of an international character occurring in the
territory of one of the High Contracting Parties, each Party to the conflict shall be
bound to apply, as a minimum, the following provisions:
(1) Persons taking no active part in the hostilities, including members of armed
forces who have laid down their arms and those placed hors de combat by
sickness, wounds, detention, or any other cause, shall in all circumstances be
treated humanely, without any adverse distinction founded on race, colour,
religion or faith, sex, birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain prohibited at any time and in
any place whatsoever with respect to the above-mentioned persons:
(a) violence to life and person, in particular murder of all kinds, mutilation,
cruel treatment and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular, humiliating and degrading
treatment;
(d) the passing of sentences and the carrying out of executions without
previous judgment pronounced by a regularly constituted court affording all the
judicial guarantees which are recognized as indispensable by civilized peoples.
(2) The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of the Red
Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by means
of special agreements, all or part of the other provisions of the present Convention.
The application of the preceding provisions shall not affect the legal status of the
Parties to the conflict.
Withdrawal Marker
The George W. Bush Library
FORM
SUBJECT/TITLE
PAGES
DATE
RESTRICTION(S)
Report
Effects of hamdan's Determination Regarding Common Article 3 of the
8
07/06/2006
P5;
Geneva Conventions
This marker identifies the original location of the withdrawn item listed above.
For a complete list of items withdrawn from this folder, see the
Withdrawal/Redaction Sheet at the front of the folder.
COLLECTION:
Speechwriting, White House Office of
SERIES:
Michel, Christopher - Chron Files
FOLDER TITLE:
Hamdan Policy [Folder 2]
FRC ID:
FOIA IDs and Segments:
8963
2014-0224-F
OA Num.:
8127
NARA Num.:
8061
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA].
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advise between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(8) Release would disclose information concerning the regulation of
2201(3).
financial institutions [(b)(8) of the FOIA]
b(9) Release would disclose geological or geophysical information
Deed of Gift Restrictions
concerning wells [(b)(9) of the FOIA]
A. Closed by Executive Order 13526 governing access to national
security information.
B. Closed by statute or by the agency which originated the document.
C. Closed in accordance with restrictions contained in donor's deed
of gift.
This Document was withdrawn on
by DRS
Opening Remarks to the Committee Against Torture
Page 1 of 2
INTERPREATION
STATES
U.S. DEPARTMENT of STATE
Opening Remarks to the Committee Against Torture
John B. Bellinger III, Legal Adviser
Opening Remarks at the U.S. Meeting With the UN Committee Against Torture
Geneva, Switzerland
May 5, 2006
Mr. Chairman, Distinguished Members of the Committee, Members of Civil Society and Other Observers,
My name is John Bellinger. I am the Legal Adviser of the Department of State, and I serve as head of the United States
delegation to the Committee Against Torture.
The United States recognizes the importance of our international legal obligations and the key role this Committee plays in
the treaty-monitoring process. The United States greatly appreciates this opportunity to meet with the Committee and to
explain the measures we have taken to give effect to the obligations we have undertaken as a State Party to the
Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. Secretary of State Rice
has emphasized that the United States takes its international obligations seriously. This is reflected in the great lengths to
which we have gone to provide you with an extensive report and thorough answers to the many questions you have posed.
Our delegation is composed of senior-level officials involved in implementing the Convention. This further demonstrates
our commitment not only to fulfilling our obligations under the Convention, but also to engaging in what we expect will be a
productive dialogue with you.
At the outset I want to reiterate the United States Government's absolute commitment to upholding our national and
international obligations to eradicate torture and to prevent cruel, inhuman, or degrading treatment or punishment
worldwide. The President of the United States has made clear that "[t]orture anywhere is an affront to human dignity
everywhere" and that "freedom from torture is an inalienable human right." Beyond the protections in our Constitution that
Mr. Lowenkron mentioned, United States criminal laws prohibit torture. There are no exceptions to this prohibition. Within
the United States, our 50 states and the federal government prohibit conduct that would constitute torture under their civil
and criminal laws. Our Congress has also passed laws that provide for severe federal sanctions, both civil and criminal,
against those who engage in torture outside the territory of the United States.
And our laws have gone further. Our focus on eradicating torture and punishing its perpetrators would be incomplete
without a parallel effort to help its victims recover from abuses. The United States has comprehensive legislation that
enables citizens and non-citizens of the United States who are victims of torture to bring claims for damages against
foreign government officials in U.S. federal courts. Congress has also established and funded programs that assist victims
of torture, domestically and overseas. The United States has contributed far more than any other country in the world to
the United Nations Voluntary Fund for Victims of Torture. For the years 2000 through 2005, U.S. contributions to the Fund
totaled more than 32 million dollars, which is approximately 70% of the total contributions during that period.
And late last year, our Congress enacted, and the President signed into law, the Detainee Treatment Act of 2005. The Act
included a provision that codified in law our already-existing policy against the use of cruel, inhuman or degrading
treatment as that term is defined under the obligations the United States assumed under the Convention. The law provides
that no person "in the custody or under the physical control of the United States Government, regardless of nationality or
physical location" shall be subjected to cruel, unusual, and inhumane treatment or punishment prohibited by certain
provisions of the U.S. Constitution. The enactment of the Detainee Treatment Act highlights our nation's commitment to
upholding the values of freedom and humanity on which it was founded.
We know that you will have many questions about actions the U.S. Government has taken in response to the terrorist
attacks upon our country on September 11. We welcome this dialogue and we are committed to addressing your questions
as fully as possible. As we attempt to answer your questions, I would like to ask the Committee to bear in mind a few
considerations.
First, some of the matters that are addressed by your questions are the subject of ongoing litigation, and I hope you will
understand that our ability to comment in detail on such matters is necessarily constrained.
http://www.state.gov/g/drl/rls/rm/2006/66062.htm
7/10/2006
Opening Remarks to the Committee Against Torture
Page 2 of 2
Second, like other governments, we are not in a position to comment publicly on alleged intelligence activities.
Third, our Second Periodic report and the written answers to your questions contain extensive information about U.S.
detainee operations in Guantanamo Bay, Cuba, and in Afghanistan and Iraq. It is the view of the United States that these
detention operations are governed by the law of armed conflict, which is the lex specialis applicable to those operations.
As a general matter, countries negotiating the Convention were principally focused on dealing with rights to be afforded to
people through the operation of ordinary domestic legal processes and were not attempting to craft rules that would govern
armed conflict.
At the conclusion of the negotiation of the Convention, the United States made clear "that the convention was
never
intended to apply to armed conflicts. The United States emphasized that having the Convention apply to armed
conflicts "would result in an overlap of the different treaties which would undermine the objective of eradicating torture.
No country objected to this understanding.
In any case, regardless of the legal analysis, torture is clearly and categorically prohibited under both human rights treaties
and the law of armed conflict. The obligation to prevent cruel, inhuman, or degrading treatment or punishment is in Article
16 of the Convention and in similar provisions in the law of armed conflict.
While the United States maintains its view that the law of armed conflict is the lex specialis governing the detainee
operations that we will discuss, we are pleased to provide extensive information about these operations in a sincere spirit
of cooperation with the Committee.
In closing I would like to make two final comments.
First, while I am acutely aware of the innumerable allegations that have appeared in the press and in other fora about
various U.S. actions, I would ask you not to believe every allegation that you have heard. Allegations about U.S. military or
intelligence activities have become so hyperbolic as to be absurd. Critics will now accept virtually any speculation and
rumor and circulate them as fact. The U.S. Government has attempted to address as many of these allegations as quickly
and as fully as possible. And yet, as much as we would like to deny the numerous inaccurate charges made against our
government, because many of the accusations relate to alleged intelligence activities, we have found that we cannot
comment upon them except in a general way.
Second, even as we recognize matters of concern to the Committee, we ask that the Committee keep a sense of
proportion and perspective. While it is important to deal with problems in a straightforward manner, it does a disservice to
the quality of our dialogue, to the treaty monitoring process, to the United States, and, ultimately, to the cause of
combating torture around the world to focus exclusively on the allegations and relatively few actual cases of abuse and
wrongdoing that have occurred in the context of the U.S. armed conflict with al Qaeda. I do not mean to belittle or shift
attention away from these cases in any way. We welcome your questions. But we suggest that this Committee should not
lose sight of the fact that these incidents are not systemic. We also suggest that the Committee devote adequate time in
these discussions to examining the treatment or conditions that apply domestically with respect to a country of more than
290 million people. The United States is committed to rule of law and has a well-functioning legal system to ensure criminal
and civili accountability.
We will now begin to answer the questions you have posed to us. In light of time constraints on this oral presentation, it will
be impossible for us to reply in detail to every aspect of your wide-ranging questions. In many cases, we will refer you to
the more detailed responses we have provided in writing.
Thank you very much.
1
U.N. Doc. E/CN.4/1984, March 9, 1984.
http://www.state.gov/g/drl/rls/m/2006/66062.htm
7/10/2006
President Meets with McCain & Warner, Discusses Position on Interrogation
Page 1 of 2
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133
President George W. Bush
For Immediate Release
Office- of the Press Secretary
December 15, 2005
President Meets with McCain & Warner, Discusses Position on Interrogation
The Oval Office
2:41 P.M. EST
VIDEO
Multimedia
THE PRESIDENT: It's my honor to welcome two good friends, the
President's Remarks
Chairman, John Warner, and, of course, John McCain Senator
view
John McCain, here to the Oval Office. We share a common goal, and
that is to protect the American people and to win the war on terror.
Senator McCain has been a leader to make sure that the United States of America upholds the values of America
as we fight and win this war on terror. And we've been happy to work with him to achieve a common objective,
and that is to make it clear to the world that this government does not torture and that we adhere to the
international convention of torture, whether it be here at home or abroad. And so we have worked very closely
with the Senator and others to achieve that objective, as well as to provide protections for those who are on the
front line of fighting the terrorists.
And so I appreciate your hard work, Senator. You're a good man who
honors the values of America. I also appreciate the strong support
that you've given - both of you have given in the war on terror. The
central front of that war is Iraq. Part of our strategy is to train Iraqis so
they can join our forces and fight off the terrorists and, eventually,
have the Iraqis be able to stand on their own. The other part is the
democratic process that will help marginalize the Saddamists and the
rejectionists.
And today, the Iraqi people went to the polls. I was so honored to
welcome some young Iraqi Fulbright Scholars here that were able to
vote, and to see the joy -- and to hear the joy they expressed and to
see the joy on their faces after having just voted in a -- for a permanent government and a new constitution was
just a fantastic experience.
And so I want to welcome you all to the Oval Office. Thanks for coming. Thanks for your good work on behalf of
America
SENATOR McCAIN: Thank you, Mr. President. I want to take this opportunity to thank you for the effort that you
made to resolve this very difficult issue. I thank you for your active participation in it. And I also want to thank your
National Security Advisor, Steve Hadley, who played a very important role, as well. And I'm very pleased that we
reached this agreement, and now we can move forward and make sure that the whole world knows that, as the
President has stated many times, that we do not practice cruel, inhuman treatment or torture.
This agreement basically does two things: One, puts into the Army Field Manual the specific procedures for
interrogations. And two, it prohibits cruel, inhumane -- or torture.
In our negotiations, there was legitimate concerns raised by the administration concerning the rights of
interrogators. And taking language from the Uniform Code of Military Justice, we provide them with legal counsel
and certain protections that a reasonable person might view as carrying out of orders, not to contradict the
Nuremberg decision, which, of course, said that obeying orders is not a sufficient defense.
I, again, thank the President. And I would like to also repeat, we've sent a message to the world that the United
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7/13/2006
President Meets with McCain & Warner, Discusses Position on Interrogation
Page 2 of 2
States is not like the terrorists. We have no brief for them, but what we are is a nation that upholds values and
standards of behavior and treatment of all people, no matter how evil or bad they are. And I think that this will help
us enormously in winning the war for the hearts and minds of people throughout the world in the war on terror.
And again, I want to thank the President; I want to thank Steve Hadley; I thank all the people who worked so hard
to come to this agreement. Now I think we can move forward with winning the war on terror and in Iraq.
I thank you, Mr. President.
THE PRESIDENT: Thanks, John.
END 2:45 P.M. EST
Return to this article at:
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7/13/2006
58. White House Press Secretary announcement of President Bush's determination re lega. Page 1 of 3
STATES
,
U.S. DEPARTMENT of STATE
58. White House Press Secretary announcement of President Bush's
determination re legal status of Taliban and Al Qaeda detainees
(February 7, 2002)
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release February 7, 2002
Statement by the Press Secretary on the Geneva Convention
The James S. Brady Briefing Room
1:40 P.M. EST
MR. FLEISCHER: I have an announcement to make. Today President Bush affirms our enduring commitment to the
important principles of the Geneva Convention. Consistent with American values and the principles of the Geneva
Convention, the United States has treated and will continue to treat all Taliban and al Qaeda detainees in Guantanamo
Bay humanely and consistent with the principles of the Geneva Convention.
They will continue to receive three appropriate meals a day, excellent medical care, clothing, shelter, showers, and the
opportunity worship. The International Community of the Red Cross can visit each detainee privately.
In addition, President Bush today has decided that the Geneva Convention will apply to the Taliban detainees, but not to
the al Qaeda international terrorists.
Afghanistan is a party to the Geneva Convention. Although the United States does not recognize the Taliban as a
legitimate Afghani government, the President determined that the Taliban members are covered under the treaty because
Afghanistan is a party to the Convention.
Under Article 4 of the Geneva Convention, however, Taliban detainees are not entitled to POW status. To qualify as POWs
under Article 4, al Qaeda and Taliban detainees would have to have satisfied four conditions: They would have to be part
of a military hierarchy; they would have to have worn uniforms or other distinctive signs visible at a distance; they would
have to have carried arms openly; and they would have to have conducted their military operations in accordance with the
laws and customs of war.
The Taliban have not effectively distinguished themselves from the civilian population of Afghanistan. Moreover, they have
not conducted their operations in accordance with the laws and customs of war. Instead, they have knowingly adopted and
provided support to the unlawful terrorist objectives of the al Qaeda.
Al Qaeda is an international terrorist group and cannot be considered a state party to the Geneva Convention. Its
members, therefore, are not covered by the Geneva Convention, and are not entitled to POW status under the treaty.
The war on terrorism is a war not envisaged when the Geneva Convention was signed in 1949. In this war, global terrorists
transcend national boundaries and internationally target the innocent. The President has maintained the United States'
commitment to the principles of the Geneva Convention, while recognizing that the Convention simply does not cover
every situation in which people may be captured or detained by military forces, as we see in Afghanistan today.
He arrived at a just, principled and practical solution to a difficult issue. The President did so because, as Americans, the
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7/10/2006
58. White House Press Secretary announcement of President Bush's determination re lega... Page 2 of 3
way we treat people is a reflection of America's values. The military operates under a code of conduct that upholds these
values, based on the dignity of every individual.
The American people can take great pride in the way our military is treating these dangerous detainees. The Convention
remains as important today as it was the day it was signed, and the United States is proud of its 50-year history in
compliance with the Convention.
Ron.
Q Given that the President had long ago determined that none of these folks were prisoners of war, how, if at all, does it
change the way the Taliban and, separately, al Qaeda fighters will be treated at Guantanamo Bay? And tell me how this
might help protect U.S. forces if they happen to be captured in Afghanistan.
MR. FLEISCHER: What this announcement signifies is the President's dedication to the importance of the Geneva
Convention and to the principles that the Geneva Convention holds. In terms of the treatment of the prisoners, even
though the President has determined that they will not be treated legally as prisoners of war, they will be afforded every
courtesy and every value that this nation applies to treating people well while they're in our custody. So it will not change
their material life on a day-to-day basis; they will continue to be treated well because that's what the United States does.
Q And then why do this? Is it because of the second part of the question?
MR. FLEISCHER: It's because of the first answer I gave, which is because the President believes in the principles and in
the law of the Geneva Convention. He believes in its applicability; he believes in its importance; he believes that that plays
a role even in today's modern world where the applicability gets somewhat more complicated as a result of an international,
terrorist organization that doesn't wear uniforms or insignias.
Q So, Ari, what you're telling us is that the Taliban prisoners, detainees at Guantanamo will not get any more protections
than they already are given under the Geneva Convention. What you seem to be telling us is the al Qaeda detainees will
get fewer.
MR. FLEISCHER: No. There is no change in the protections they will be provided. They have always been treated
consistent with the principles of the Geneva Convention, which means they will be treated well. If you're looking for
anything that will not happen as a result of this announcement, it is that they will not receive stipends from the American
taxpayers. They will not receive musical instruments courtesy of the United States military. They would have received
those had they been declared POWs.
Q That's true of the Taliban, too, right?
MR. FLEISCHER: Correct.
Q So what is the difference? How will the al Qaeda and the Taliban detainees be treated differently?
MR. FLEISCHER: What the President is saying here is there's an important legal principle recognizing that Afghanistan is
a member state that agreed to the terms of the Geneva Convention. So the President is making distinction between the al
Qaeda and the Taliban.
But when it comes to the classification as POWs, neither group will be given POW legal designation, although they will
continue to be treated humanely, in accordance with America's values, which are reflected in the Convention.
Q How is there any difference, Ari, in how they are treated? Is there any difference in how they are treated?
MR. FLEISCHER: That's what we've been saying all along. They will continue to be treated well because they're in the
custody of America.
Q They will be treated the same, al Qaeda and Taliban detainees will be treated equally.
MR. FLEISCHER: No distinction will be made in the good treatment given to the al Qaeda or the Taliban.
Q So this is a distinction without a difference, really?
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7/10/2006
58. White House Press Secretary announcement of President Bush's determination re lega... Page 3 of 3
MR. FLEISCHER: No, it's a distinction based on the legal principle that the President believes in the Geneva Convention
and it's important principles.
Q But you have to say, Ari, that day to day nothing is going to change that will be noticeable for these detainees. That's
correct, right?
MR. FLEISCHER: They will continue to be treated well. No change in that treatment.
Q So applying the Convention here is being done solely to protect U.S. citizens, and namely, U.S. soldiers, who may be in
a situation overseas held by a foreign government. Is that correct? Is that's the principle that's being upheld?
MR. FLEISCHER: No, the principle is that this country and this President, of course, believe in and adhere to the Geneva
Convention. In any case, the United States would always be covered by the Geneva Convention, our military, because as
I
mentioned, under Article 4, you have to wear a uniform, you have to wear an insignia, carry your weapons outside, be
distinguishable from the civilian population, all of which covers our military.
Q But the concern, the debate here was about if you don't do it here, then U.S. soldiers could be mistreated abroad. Isn't
that correct? And so isn't that a big motivation here, to make sure that U.S. soldiers get this same kind of treatment?
MR. FLEISCHER: It's important for all nations, throughout the world, to treat any prisoners well. And that is something the
United States always expects, and the United States always does.
We have time for one more question, and then there's a pool. David will get one more, and then we'll --
Q Can you just be responsive to the specific point? Wasn't this an important concern? I understand what the expectations
are, but it was important for this administration to be able to say, look, we want to be able to protect our soldiers in similar
situations down the line. And if we don't afford privileges under the Geneva Convention, then our soldiers could be in peril?
MR. FLEISCHER: David, I was not in the NSC deliberations where various issues were raised. And so I really -- there's no
way I can accurately answer that question.
Q What about the U.S. special forces? They don't -- they often do not wear uniforms. They often do not carry their
weapons outwardly. If they are captured, they wouldn't be prisoners of war?
MR. FLEISCHER: The terms of the Geneva Convention apply to all, and those terms speak for themselves.
Okay, thank you everybody.
END 1:48 P.M. EST
http://www.state.gov/s/l/38727.htm
7/10/2006
US CODE: Title 18,2441. War crimes
Page 1 of 1
Correll Law School
LII / Legal Information Institute
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TITLE 18 > PART I > CHAPTER 118 > § 2441
§ 2441. War crimes
How Current is This?
(a) Offense.- Whoever, whether inside or outside the United States, commits a
Search
war crime, in any of the circumstances described in subsection (b), shall be fined
this title:
under this title or imprisoned for life or any term of years, or both, and if death
results to the victim, shall also be subject to the penalty of death.
Notes
Updates
(b) Circumstances.- The circumstances referred to in subsection (a) are that
Parallel
the person committing such war crime or the victim of such war crime is a member
authorities
of the Armed Forces of the United States or a national of the United States (as
(CFR)
defined in section 101 of the Immigration and Nationality Act).
Your
comments
(c) Definition.- As used in this section the term "war crime" means any
conduct-
(1) defined as a grave breach in any of the international conventions signed
at Geneva 12 August 1949, or any protocol to such convention to which the
United States is a party;
(2) prohibited by Article 23, 25, 27, or 28 of the Annex to the Hague
Convention IV, Respecting the Laws and Customs of War on Land, signed 18
October 1907;
P/
(3) which constitutes a violation of common Article 3 of the international
conventions signed at Geneva, 12 August 1949, or any protocol to such
convention to which the United States is a party and which deals with non-
international armed conflict; or
(4) of a person who, in relation to an armed conflict and contrary to the
provisions of the Protocol on Prohibitions or Restrictions on the Use of Mines,
Booby-Traps and Other Devices as amended at Geneva on 3 May 1996
(Protocol II as amended on 3 May 1996), when the United States is a party to
such Protocol, willfully kills or causes serious injury to civilians.
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Withdrawal Marker
The George W. Bush Library
FORM
SUBJECT/TITLE
PAGES
DATE
RESTRICTION(S)
Presentation
US Detention Facilities - From: Detainee Affairs Division, J-5 Deputy
26
06/2006
P5; P6/b6;
Director for the War on Terrorism, Joint Chiefs of Staff
This marker identifies the original location of the withdrawn item listed above.
For a complete list of items withdrawn from this folder, see the
Withdrawal/Redaction Sheet at the front of the folder.
COLLECTION:
Speechwriting, White House Office of
SERIES:
Michel, Christopher - Chron Files
FOLDER TITLE:
Hamdan Policy [Folder 2]
FRC ID:
FOIA IDs and Segments:
8963
2014-0224-F
OA Num.:
8127
NARA Num.:
8061
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advise between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(8) Release would disclose information concerning the regulation of
2201(3).
financial institutions [(b)(8) of the FOIA]
b(9) Release would disclose geological or geophysical information
Deed of Gift Restrictions
concerning wells [(b)(9) of the FOIA]
A. Closed by Executive Order 13526 governing access to national
Records Not Subject to FOIA
security information.
B. Closed by statute or by the agency which originated the document.
Court Sealed - The document is withheld under a court seal and is not subject to
C. Closed in accordance with restrictions contained in donor's deed
the Freedom of Information Act.
of gift.
This Document was withdrawn on 11/19/2014 by DRS