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]