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Reported Removal of Prisoners from Iraq

Published online by Cambridge University Press:  10 March 2017

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Abstract

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Type
Contemporary Practice of the United States Relating to International Law
Information
American Journal of International Law , Volume 99 , Issue 1 , January 2005 , pp. 265 - 266
Copyright
Copyright © American Society of International Law 2005

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References

1 Priest, Dana, Memo Lets CIA Take Detainees out of Iraq, Wash. Post, Oct. 24, 2004, at Al Google Scholar; Ex-CIA Official Defends Detention Policies, Wash. Post, Oct. 27, 2004, at A21 Google Scholar.

2 See, e.g., Dep’t of Defense News Transcript, Secretary Rumsfeld Media Availability Enroute to Baghdad (May 13, 2004), at <http://www.defenselink.mil/releases/archive.html> (Rumsfeld statement that “from the beginning” it has been the U.S. government’s position that “with respect to Iraq . . . the Geneva Conventions apply). Articles III and IV apply for the Iraqi prisoners of war and apply to the civilian non-military detainees.”

3 Geneva Convention [No. Ill] Relative to the Treatment of Prisoners of War, Aug. 12, 1949, 6 UST 3316, 75 UNTS 135.

4 Geneva Convention [No. IV] Relative to the Protection of Civilian Persons in Time of War, Aug. 12, 1949, 6 UST 3516, 75 UNTS 287.

5 Article 12 provided the basis for the agreement reached during the first Gulf war, under which Iraqi prisoners of war taken by coalition forces were transferred to Saudi Arabia.

6 The March 19, 2004, memorandum is available at <http://www.humanrightsfirst.org/US_law/etn/gonzales/index.asp>.