DIRECTOR, ADMINISTRATION AND MANAGEMENT DIRECTOR, FORCE TRANSFORMATION DIRECTOR, NET ASSESSMENT DIRECTOR, PROGRAM ANALYSIS AND EVALUATION DIRECTORS OF THE DEFENSE AGENCIES DIRECTORS OF THE DOD FIELD ACTIVITIES THE WHITE HOUSE WASHINGTON February 7, 2002 MEMORANDUM FOR THE VICE PRESIDENT SUBJECT: 1. 2. THE SECRETARY OF STATE THE SECRETARY OF DEFENSE THE ATTORNEY GENERAL CHIEF OF STAFF TO THE PRESIDENT ASSISTANT TO THE PRESIDENT FOR NATIONAL CHAIRMAN OF THE JOINT CHIEFS OF STAFF Humane Treatment of al Qaeda and Taliban Detainees Our recent extensive discussions regarding the status Pursuant to my authority as Commander in Chief and Chief Executive of the United States; and relying on the opinion of the Department of Justice dated January 22, 2002, and on the legal opinion rendered by the Attorney General in his letter of February 1, 2002, I hereby determine as follows: b. I accept the legal conclusion of the Department of I accept the legal conclusion of the Attorney General 3. 5. 6. C. d. 2 exercise that authority at this time. Accordingly, I determine that the provisions of Geneva will apply to our present conflict with the Taliban. I reserve the right to exercise this authority in this or future conflicts. I also accept the legal conclusion of the Department of Justice and determine that common Article 3 of Geneva does not apply to either al Qaeda or Taliban detainees, because, among other reasons, the relevant conflicts are international in scope and common Article 3 applies only to "armed conflict not of an international character." Based on the facts supplied by the Department of Of course, our values as a Nation, values that we share with The United States will hold states, organizations, and I hereby reaffirm the order previously issued by_the I hereby direct the Secretary of State to communicate my |