Under the Geneva Convention, for example, a POW is required only to provide name, rank, and serial number and cannot receive any benefits for cooperating. John Yoo Read Quote
That is because the conflict with al Qaeda is not governed by the Geneva Conventions, which applies only to international conflicts between states that have signed them. John Yoo Read Quote
While Taliban fighters had an initial claim to protection under the conventions, they lost POW status by failing to obey the standards of conduct for legal combatants: wearing uniforms, a responsible command structure, and obeying the laws of war. John Yoo Read Quote
Al Qaeda operates by launching surprise attacks on civilian targets with the goal of massive casualties. Our only means for preventing future attacks, which could use WMDs, is by acquiring information that allows for pre-emptive action. John Yoo Read Quote
It is also worth asking whether the strict limitations of Geneva make sense in a war against terrorists. John Yoo Read Quote
Punishing abuse in Iraq should not return the U.S. to Sept. 10, 2001, in the way it fights al Qaeda, while Osama bin Laden and his top lieutenants remain at large and continue to plan attacks. John Yoo Read Quote
The effort to blur the lines between Guantanamo and Abu Ghraib reflects a deep misunderstanding about the different legal regimes that apply to Iraq and the war against al Qaeda. John Yoo Read Quote
Applying different standards to al Qaeda does not abandon Geneva, but only recognizes that the U.S. faces a stateless enemy never contemplated by the Conventions. John Yoo Read Quote
Human-rights advocates, for example, claim that the mistreatment of Iraqi prisoners is of a piece with President Bush’s 2002 decision to deny al Qaeda and Taliban fighters the legal status of prisoners of war under the Geneva Conventions. John Yoo Read Quote
It has never demonstrated any desire to provide humane treatment to captured Americans. If anything, the murders of Nicholas Berg and Daniel Pearl declare al Qaeda’s intentions to kill even innocent civilian prisoners. John Yoo Read Quote
