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The Selective Application of the Geneva Conventions

The Selective Application of the Geneva Conventions

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A draft memorandum from the Justice Department’s Office of Legal Counsel dated January 9, 2002, entitled “Application of Treaties and Laws to al Qaeda and Taliban Detainees”, was written to inform the Department of Defense that the U.S. government, in the “war on terrorism”, need not conform to the standards…

The Pros and Cons of the Geneva Conventions

The Pros and Cons of the Geneva Conventions

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Secretary of State Colin Powell wrote a memo to follow-up on the January 25, 2002 State Department memorandum to the George W. Bush, entitled “Decision Re Application of the Geneva Convention on Prisoners of War to the Conflict With al Qaeda and the Taliban”, which contended the Justice Department’s judgment…

The ‘Constraints’ of International Humanitarian Law

The ‘Constraints’ of International Humanitarian Law

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On January 25, 2002, the U.S. Justice Department sent a memorandum to the George W. Bush reasserting the judgment that the Geneva Conventions did not apply to prisoners held at Guantanamo Bay, Cuba. Entitled “Decision Re Application of the Geneva Convention on Prisoners of War to the Conflict With al…