Alberto Gonzales said today that his Jan. 25, 2002, memo did not say the Geneva Convention on war prisoners is obsolete generally, but that some of its rules don’t apply to non-uniformed, "irregular" armed forces representing no nation.
Gonzales, President Bush’s nominee for attorney general, said that, while the United States did not have to implement Geneva’s ban on interrogations when it came to al Qaida, U.S. policy still was to treat all prisoners humanely.
Gonzales’ famous - or infamous - memo says that, in the "new kind of war" against terrorism:
"The new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions requiring that captured enemy be afforded such things as commissary privileges, scrip (i.e., advances of monthly pay), athletic uniforms, and scientific instruments."
This paragraph is often quoted in abbreviated form, allowing it to appear that Gonzales argued the Geneva provisions against torture are obsolete. The sentence is not about torture at all. But note how few news organizations publish the entire sentence on what is "obsolete" and "quaint."
Treat detainees humanely. Gonzales’ memo never says torture is OK. In fact, it tells the president, "In the treatment of detainees, the U.S. will continue to be constrained by its commitment to treat the detainees humanely …."
Today, Gonzales told the Senate Judiciary Committee:
"After the attacks of 9-11, our government had fundamental decisions to make concerning how to apply treaties and U.S. law to an enemy that does not wear a uniform, owes no allegiance to any country, is not a party to any treaties and – most importantly – does not fight according to the laws of war.
As we have debated these questions, the president has made clear that he is prepared to protect and defend the Untied States and its citizens, and will do so vigorously, but always in a manner consistent with our nation’s values and applicable law, including our treaty obligations. I pledge that, if I am confirmed as attorney general, I will abide by those commitments."
Sen. Arlen Specter asked Gonzales, "Do you approve of torture?"
"Absolutely not, senator," Gonzales said.
Gonzales also said, "Contrary to reports, I consider the Geneva Conventions neither obsolete nor quaint."
Now, let’s hear what the senators didn’t like about Gonzales’ memo and his other advice to the president. They might ask him how far he believes U.S. military interrogators are permitted to go without "Geneva’s strict limitations on questioning of enemy prisoners."
His 2002 memo appears to have advised that the Geneva Convention does not allow any interrogation of POWs (beyond name, rank, birthdate and serial number), but that the U.S. could and should humanely interrogate al Qaida prisoners anyway. That’s reasonable. But is that as far as Gonzales went?
If Gonzales’ legal opinions did somehow open the door to torture and other inhumane abuses of military prisoners, we need to know. So far, the evidence isn’t there.
Frank Warner
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