ABSTRACT

Memorandum for William J. Haynes II, General Counsel of the Department of the Defense: Re: Military Interrogation of Alien Unlawful Combatants Held Outside the United States [March 14, 2003]   [open pdf - 6MB]

This legal memorandum was prepared by the Justice Department in response to a request from the Pentagon to "examine the legal standards governing military interrogations of alien unlawful combatants held outside the United States," including both domestic and international law. Part One evaluates the relevancy of the Fifth and Eight Amendments, while Part Two examines federal criminal law in relation to the President's power as Commander in Chief. Part Three examines international law, including the U.N. Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, and the corresponding US obligations to such international restrictions. Finally, Part Four discusses "defenses to an allegation that an interrogation method might violate any of the various criminal prohibitions discusses in Part II."

Author:
Publisher:
Date:
2003-03-14
Copyright:
Public Domain
Retrieved From:
U.S. Dept. of Justice: http://www.justice.gov/
Media Type:
application/pdf
URL:
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Listed on April 9, 2008 [Critical Releases]