http://www.military.com/NewsContent/0,13319,FL_bush_062304,00.html
Bush Claimed Right To Waive Torture Laws
**Associated Press **
June 23, 2004
WASHINGTON - **The Bush administration laid out its legal reasoning for denying terror war suspects the protections of international humanitarian law ** but immediately repudiated a key memo arguing that torture might be justified in the fight against al-Qaida.
The release Tuesday of hundreds of pages of internal memos by the White House was meant to blunt criticism that President Bush had laid the groundwork for the abuses of Iraqi prisoners by condoning torture. The president insisted Tuesday: “I have never ordered torture.”
But critics said the developments left unresolved some questions about the administration’s current guidelines for interrogating prisoners in Iraq and around the world. For example, a 2002 order signed by Bush says the president reserves the right to suspend the Geneva Conventions on treatment of prisoners of war at any time.
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The White House released Defense Department memos detailing some of the harsh interrogation methods approved - and then rescinded - by Defense Secretary Donald H. Rumsfeld in 2002 and 2003. The administration continues to refuse to say what interrogation methods are approved for use now.
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An Aug. 1, 2002, Justice Department memo argues that torture - and even deliberate killing - of prisoners in the terror war could be justified as necessary to protect the United States. The memo from then-assistant attorney general Jay Bybee also offers a restricted definition of torture, saying only actions that cause severe pain akin to organ failure would be torture.
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The White House also released documents detailing some of the most harsh interrogation methods **Rumsfeld approved for use on prisoners ** at the lockup at the U.S. naval base at Guantanamo Bay, Cuba.
Rumsfeld’s Nov. 27, 2002, memo approved several methods which apparently would violate Geneva Convention rules, including:
-Putting detainees in “stress positions,” such as standing, for up to four hours.
-Removing prisoners’ clothes.
-Intimidating detainees with dogs.
-Interrogating prisoners for 20 hours at a time.
-Forcing prisoners to wear hoods during interrogations and transportation.
-Shaving detainees’ heads and beards.
-Using “mild, non-injurious physical contact,” such as poking.
Prisoners at Abu Ghraib were interrogated for as long as 20 hours at a time, kept hooded and naked, intimidated with dogs and forcibly shaved. Bush and other administration officials have said other treatment at the Iraqi prison, such as forcing prisoners to perform sex acts, beating them and piling them in a naked human pyramid, were unquestionably illegal.
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Bush had agreed in February 2002 that al-Qaida and Taliban prisoners at Guantanamo Bay were not protected by the Geneva Conventions on prisoners of war because they violated the laws of war themselves.
Bush’s previously secret Feb. 7, 2002, order also agrees with Justice and Pentagon lawyers that a president can ignore U.S. law and treaties.
“I accept the legal conclusion of the Attorney General and the Department of Justice that I have the authority to suspend Geneva (conventions) as between the United States and Afghanistan,” Bush wrote. “I reserve the right to exercise this authority in this or future conflicts.”
Bush and Rumsfeld have said the Geneva Conventions do apply to all prisoners in Iraq.
But Rumsfeld acknowledged last week that he ordered a suspected terrorist to be secretly held in Iraq without notifying the International Committee of the Red Cross, which is a violation of the Geneva Conventions. Rumsfeld said he approved an unspecified number of other, similar secret detentions.