Abu Ghraib: its legacy for military medicine

As the Bush administration planned to retaliate against al-Qaeda's terrorist attacks on the USA, it was reluctant to accept that the Geneva Convention Relative to the Treatment of Prisoners of War would apply to al-Qaeda detainees. In January, 2002, a memorandum from the US Department of Justice to the Department of Defense concluded that since al-Qaeda was not a national signatory to international conventions and treaties, these obligations did not apply. It also concluded that the Convention did not apply to Taliban detainees because al-Qaeda's influence over Afghanistan's government meant that it could not be a party to treaties. [more]

• In February, 2002, the President Bush signed an executive order stating that although the Geneva Conventions did not apply to al-Qaeda or Taliban detainees, "our nation . . . will continue to be a strong supporter of Geneva and its principles . . . the United States Armed Forces shall continue to treat detainees humanely and, to the extent appropriate and consistent with military necessity in a manner consistent with the principles of Geneva." This phrasing subordinates US compliance to the Geneva Convention to undefined "military necessity." [more]
• Abu Ghraib Probe Points to Top Brass [more ]