Prisoner Abuse Bush Order
Jun 22, 8:16 PM (ET)
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.
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.
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