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Geneva Conventions: Us Cia
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[T]he administration wants Congress to ban the use of the Geneva Conventions as the direct or indirect basis for a legal case in American courts. This would seal off the route that a prisoner used in the case on which the Supreme Court ruled in June.
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The ACLU ... questioned the sincerity of the government's commitment to the Geneva Conventions, pointing to previous declarations from Defense Secretary Donald Rumsfeld that the Conventions do not apply to detainees held at Guantánamo Bay or in Afghanistan. Recently, the ACLU obtained a memo signed by Lieutenant General Ricardo A. Sanchez authorizing 29 interrogation techniques for use in Iraq, including several techniques that the group says clearly violate the Geneva Conventions. Among other things, the Sanchez memo allowed interrogators to use military dogs "to exploit Arab fears" and to subject detainees to painful stress positions and extended isolation.
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Regulations issued by the four branches of the U.S. military in 1997 set out detailed procedures for tribunals consisting of three commissioned officers to make determinations of status where doubts arise in accordance with the Third Geneva Convention. Under the 1997 U.S. military regulations, persons whose status is to be determined shall: be advised of their rights at the beginning of their hearings; be allowed to attend all open sessions and will be provided with an interpreter if necessary; be allowed to call witnesses if reasonably available, and to question those witnesses called by the tribunal; have a right to testify or otherwise address the Tribunal; and not be compelled to testify before the Tribunal. According to the regulations, following the hearing of testimony and the review of documents and other evidence, the Tribunal shall determine the status of the subject of the proceeding in closed session by majority vote. Preponderance of evidence shall be the standard used in reaching this determination, and a written report of the tribunal decision is to be completed in each case.
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The Washington Post tells the story of Christine Axsmith, a software contractor for the CIA, who was fired after her blog presented her views on torture and the Geneva Conventions. The blog “worried ‘the seventh floor’ at CIA, where the offices of the director and his management team are.”
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