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Dated February 7, 2002, it directed the Vice-President, Secretaries of State and Defense, Attorney General, White House Chief of Staff, CIA Director, National Security Affairs Assistant, and Joint Chiefs Chairman regarding "Humane Treatment of Taliban and al Qaeda Detainees."
It states:
Regarding the treatment of Taliban and al Qaeda detainees, "Geneva applies to conflicts involving 'High Contracting Parties,' which can only be states. However, the war against terrorism ushers in a new paradigm, one in which groups with broad, international reach commit horrific acts against innocent civilians, sometimes with the direct support of states. (This) requires new thinking in the law of war (thus) I hereby determine as follows:
-- "....none of the provisions of Geneva apply to our conflict with al Queda in Afghanistan or elsewhere throughout the world...."
-- "....I have the authority under the Constitution to suspend Geneva between the United States and Afghanistan (but) I determine that the provisions of Geneva will apply to our present conflict with the Taliban;"
-- however, "I....determine that common Article 3 of Geneva does not apply to either al Qaeda or Taliban detainees....; (Therefore, these detainees) are unlawful combatants and....do not qualify as prisoners of war under Article 4 of Geneva...."
"I hereby direct the secretary of state to communicate my determinations in an appropriate manner to our allies, and other countries and international organizations cooperating in the war against terrorism of global reach."
Signed,
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