ITEM 2
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 suspendGeneva 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 this
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.
ITEM 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 extend appropriate and
consistent with military necessity, in a manner consistent with the
principles of Geneva.</I>
Summary:
ITEM 2:
a) The Geneva conventions do not apply to our 'conflict with al Qaeda'
b) I have the authority to suspend Geneva if I want to. In this case, I
choose not to. (Because Geneva doesn't apply anyway).
c) Geneva does not apply to any al Qaeda or Taliban prisoners we have
captured, because they were captured as part of an international conflict.
d) Taliban prisoners are not prisoners of war. They are unlawful
combatants. Therefore Geneva does not apply.
ITEM 3:
We promise to apply the Geneva conventions whenever possible. We decide
when it's possible.
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