Wednesday, November 09, 2005

New Defense Department Directive on Detainee Interrogations

As the Washington Post reports, the Defense Department has released a new directive to the military on rules governing the interrogation of detainees held in U.S. military custody around the world. According to the Post, the directive has been hotly debated within the administration, especially as Congress is currently considering the McCain bill to codify standards on the treatment of detainees. Here is the key paragraph, from my quick review.

It is DoD policy that:

All captured or detained personnel shall be treated humanely, and all intelligence interrogations, debriefings, or tactical questioning to gain intelligence interrogations, debriefings, or tactical questioning to gain intelligence from captured or detained personnel shall be conducted humanely, in accordance with applicable law and policy. Applicable law and policy may include the law of war, relevant international law, U.S. law, and applicable directives, including DoD Directive 2310.1, “DoD Detainee Program (draft), upon publication (reference(d)), instructions or other issuances. Acts of physical or mental torture are prohibited.

The Directive also prohibits the use of dogs to harass detainees, imposes the same restrictions on foreign government or non-military interrogators and outlines procedures for oversight of these procedures and implementation.

This is a good start, and it is better than previous efforts, but I think it is probably not enough. The devil is in the details. "Applicable law and policy" seems a bit too vague for my taste and the vagueness is not helped by the fact that the directive "may include" relevant international law. The DoD should (and will in its Directive 2310.1 ) spell out what is permitted and what is not.

Still, I am coming around to the notion that the McCain Amendment is the best way to handle this. Ideally, the McCain Amendment would give a statutory framework and give guidance to the DoD and courts on how to interpret the effects of the Torture Convention and customary international law. The objections raised by opponents of the McCain Amendment are that it would import fuzzy and vague notions of international law, but that is going to happen anyway. It is better for this importation to happen through Congress, which will give some more substantive guidance on what the standards are, then through the executive branch or the federal courts.


Blogger Charles Gittings said...

Well it's nice to see we can agree a little on something Julian, but this isn't any kind of a step in the right direction and "Applicable law and policy" is lot more than vague.

This is pure cosmetics. A real step forward would be to simply go back the the pre-Bush policies and manuals and OBEY the law.

This is just another example of Cheney and Rumsfeld trying to cover up their crimes.


11/09/2005 7:27 PM  
Blogger ninest123 Ninest said...

ninest123 08.08
michael kors outlet, coach outlet, louboutin, tiffany jewelry, burberry outlet online, nike air max, chanel handbags, michael kors outlet, oakley sunglasses, gucci outlet, longchamp outlet, longchamp, prada handbags, ray ban sunglasses, oakley sunglasses, coach purses, replica watches, burberry, jordan shoes, kate spade outlet, ray ban sunglasses, michael kors outlet, nike outlet, louboutin outlet, kate spade handbags, coach factory outlet, coach outlet, tory burch outlet, polo ralph lauren outlet, nike free, michael kors outlet, christian louboutin outlet, tiffany and co, prada outlet, true religion jeans, michael kors outlet, longchamp outlet, louboutin shoes, oakley sunglasses, polo ralph lauren outlet, nike air max, michael kors

8/08/2015 1:46 AM  
Blogger ninest123 Ninest said...

louboutin pas cher, michael kors, sac guess, michael kors, nike air max, air jordan pas cher, ray ban uk, hollister pas cher, vans pas cher, converse pas cher, true religion jeans, michael kors, oakley pas cher, true religion outlet, nike blazer, nike air max, timberland, lacoste pas cher, north face, nike free, vanessa bruno, hollister, nike air max, burberry, true religion jeans, lululemon, longchamp pas cher, nike free run uk, tn pas cher, nike roshe run, air max, ralph lauren uk, mulberry, hogan, abercrombie and fitch, north face, air force, new balance pas cher, hermes, sac longchamp, ralph lauren pas cher, ray ban pas cher

8/08/2015 1:47 AM  
Blogger ninest123 Ninest said...

herve leger, ferragamo shoes, new balance, giuseppe zanotti, nfl jerseys, mac cosmetics, nike roshe, asics running shoes, oakley, vans shoes, north face outlet, baseball bats, reebok shoes, insanity workout, birkin bag, babyliss, valentino shoes, mcm handbags, beats by dre, nike trainers, mont blanc, p90x workout, nike huarache, ghd, instyler, timberland boots, celine handbags, jimmy choo shoes, abercrombie and fitch, hollister, iphone 6 cases, nike roshe, soccer shoes, nike air max, longchamp, chi flat iron, hollister, soccer jerseys, north face outlet, bottega veneta, lululemon, wedding dresses

8/08/2015 1:50 AM  
Blogger ninest123 Ninest said...

thomas sabo, karen millen, gucci, toms shoes, links of london, ugg boots uk, ralph lauren, ugg,uggs,uggs canada, pandora charms, swarovski, montre pas cher, uggs on sale, ugg boots, hollister, juicy couture outlet, pandora charms, ray ban, bottes ugg, ugg boots, lancel, supra shoes, ugg boots, ugg pas cher, wedding dresses, coach outlet, marc jacobs, juicy couture outlet, louboutin, vans, converse outlet, converse, swarovski crystal, ugg boots, pandora jewelry, replica watches, hollister, ugg,ugg australia,ugg italia, nike air max
ninest123 08.08

8/08/2015 1:51 AM  

Post a Comment

<< Home