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Originally Posted by dksuddeth
does anyone have the thomas link to this bill/law?
I'd like to give it a full read.
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http://thomas.loc.gov/cgi-bin/query/.../~c109poOXPK::
but thomas searchs are temp files. so the link wont be active for long; go to the main thomas page and search S.3930
A relevant section is SEC. 7. TREATY OBLIGATIONS NOT ESTABLISHING GROUNDS FOR CERTAIN CLAIMS.
(a) In General- No person may invoke the Geneva Conventions, or any protocols thereto, in any habeas or civil action or proceeding to which the United States, or a current or former officer, employee, member of the Armed Forces, or other agent of the United States, is a party, as a source of rights in any court of the United States or its States or territories.
This seems to suggest that the US has a right to ignore the Geneva Conventions but I would agree it is far more complex than that when it comes to "non traditional" POWs like we are dealing with today, as opposed to earlier wars.
Section 8 is relevant as well:
SEC. 8. IMPLEMENTATION OF TREATY OBLIGATIONS.
(a) Implementation of Treaty Obligations-
(1) IN GENERAL- The acts enumerated in subsection (d) of section 2441 of title 18, United States Code, as added by subsection (b) of this section, and in subsection (c) of this section, constitute violations of common Article 3 of the Geneva Conventions prohibited by United States law.
(2) PROHIBITION ON GRAVE BREACHES- The provisions of section 2441 of title 18, United States Code, as amended by this section, fully satisfy the obligation under Article 129 of the Third Geneva Convention for the United States to provide effective penal sanctions for grave breaches which are encompassed in common Article 3 in the context of an armed conflict not of an international character. No foreign or international source of law shall supply a basis for a rule of decision in the courts of the United States in interpreting the prohibitions enumerated in subsection (d) of such section 2441.
(3) INTERPRETATION BY THE PRESIDENT- (A) As provided by the Constitution and by this section, the President has the authority for the United States to interpret the meaning and application of the Geneva Conventions and to promulgate higher standards and administrative regulations for violations of treaty obligations which are not grave breaches of the Geneva Conventions. (this is a key section, particularly the requirement.... AND to promulgate "higher standards" ..it seems to me that Bush cant interpret the Conventions to allow some prisoner treatments that are at lower standards)
(B) The President shall issue interpretations described by subparagraph (A) by Executive Order published in the Federal Register.
(C) Any Executive Order published under this paragraph shall be authoritative (as to non-grave breach provisions of common Article 3) as a matter of United States law, in the same manner as other administrative regulations.
(D) Nothing in this section shall be construed to affect the constitutional functions and responsibilities of Congress and the judicial branch of the United States.
Maybe we have a constitutional lawyer at TFP who can offer a more authoritative analysis.