This is the Executive order signed by George W Bush on July 20, 2007 Explaining the official White House position on the treatment of detainees of the
war on terror.
Executive Order: Interpretation of the Geneva Conventions Common Article 3 as
Applied to a Program of Detention and Interrogation Operated by the Central Intelligence Agency
Section 1. General Determinations. (a) The United States is engaged in an armed conflict with al Qaeda, the Taliban, and associated forces.
Members of al Qaeda were responsible for the attacks on the United States of September 11, 2001, and for many other terrorist attacks, including
against the United States, its personnel, and its allies throughout the world. These forces continue to fight the United States and its allies in
Afghanistan, Iraq, and elsewhere, and they continue to plan additional acts of terror throughout the world. On February 7, 2002, I determined for
the United States that members of al Qaeda, the Taliban, and associated forces are unlawful enemy combatants who are not entitled to the protections
that the Third Geneva Convention provides to prisoners of war. I hereby reaffirm that determination.
There are several references to different laws and ordinances and the Geneva Conventions, I will put down those specific ordinances as explained in
this executive order so that you can make up your own mind about what they say.
Public Law 107 40
To authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States.
Public Law 109 366
To authorize trial by military commission for violations of the law of war, and for other purposes.
Section 301 of title 3, United States Code
The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any
official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other
action by the President
Common Article 3
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;
Section 2340 of title 18, United States Code
(1) “torture” means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain
or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control;
Sorry for the laundry list of links. I just wanted you all to be able to look up each and every vague reference that most of us don't know off the
top of our heads (including me) So is this a copout by this administration to cover it's behind in the wake of allegations of torture by the CIA on
prisoners of Gitmo?
Doesn't it seem that this executive order violates the very laws cited within the order as explained by the order
"I determined for the United
States that members of al Qaeda, the Taliban, and associated forces are unlawful enemy combatants who are not entitled to the protections that the
Third Geneva Convention provides to prisoners of war"
Through the careful wording of this executive order it appears to me that the President is condoning torture of the detainees at Gitmo. Also by using
carefull wording in this executive order trying to skirt international law and undermine the Geneva Convention.
[edit on 2/25/2008 by whatukno]
