Fm 2-22.3 Summary

While the law itself condemns use of torture for any purpose, torture becomes necessary to be used in particular critical instances. According to Miles, the United States senate allowed the use of enhanced interrogation techniques on a number of cases and detainees. The human rights should be considered first in any event whether in interrogation or any other course of action1. The policy makers have found themselves between hard and difficult decisions to make on the techniques for obtaining vital information from terrorists who are trained heavily on resisting from giving information when caught in the wrong side of the law.

Article 7: No one shall be subjected to torture or to cruel, inhumane or degrading treatment or punishments.

The Geneva Convention and its participants keep all prisoners of war on a uniformed playing field, to prevent

The Fifth Article states that “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”

Another player in this global debate of enhanced interrogation is the United Nations itself. In May of 2005, the UN issued an 11 page panel report on the adhearance of the United States to the anti-torture treaty. In the report the UN said that the United States should stop the process of enhanced interrogation saying that it was “nothing more than torture”. The US should stop its interrogations of civilians in Iraq and Afghanistan by military and civilian staff and prosecute any staff found to have used any of the techniques specific to the enhanced interrogation. The UN report stopped short of admonishing the United States as the US “has a very good record on human rights” , (19 May 2006) Torture was banned by the UN in 1948, in its Universal Declaration of Human Rights of which not only is

On U.S. territory and the government argues that they therefore have neither constitutional rights nor the rights guaranteed under the Geneva Convention, the international treaty governing detention during wartime. Basic principles like due process,

Article 5 states that no one should be tortured or undergo inhumane

This paper will explore three separate cases, providing facts about the apprehension and detention of enemy combatants, assessing the treatment of detainees at Guantanamo Bay, and will explain whether any rights were denied or granted in contrast with each other. Anyone engaging in aggressive or hostile behavior towards a country is held to several political and constitutional legalities as explored in the three following cases.

the United Nations Rules for the Protection of Juveniles Deprived of their Liberty guidelines issued by the United Nations High Commissioner for Refugees, including the Revised Guidelines on Applicable Criteria and Standards Relating to the Detention of Asylum

POWs captured in Afghanistan and held at camp X-ray is in violation of the Geneva

Another aspect of Guantanamo that received a strong reaction was the access that interrogators, psychologists, and psychiatrists working at Guantanamo have to detainees’ medical files. This allows them to target detainees individually, and is against medical ethics stated in the Geneva Conventions. Though this protocol has not been sanctioned by the

In the United States, one of the major methods in obtaining crucial information has been through the use of Guantanamo Bay. While many have condemned of the torture that is believed to occur there, not only does Guantanamo Bay comply with national and international standards, but it also complies with Common Article 3 of the Geneva Conventions (Meese 1) which states

Articles 1, 55, and 56 are the center pieces for promoting and protecting human rights. During the cold war humanitarian intervention went stagnant because the two superpowers who were facing off (US & Russia) were at odds about ideology and this caused world peace to be thrown into turmoil. The UN was very new and did not have the international legal clout to stop either superpower from promoting its system of governance through invasion or indirect military support. The Cold War caused social, economic, and political upheaval globally which allowed for the UN to revise its interpretation of humanitarian intervention. This allowed for a larger consensus among nations about which circumstances required intervention. From 1945 to 1976 five major human rights documents were adopted; The Universal Declaration of Human Rights, Genocide Convention, Geneva Convention, Laws of War, International Covenant on Civil and Political Rights, and the International Covenant on Cultural Economic Civil Rights. The end of the Cold War “liberated the UN which had established 20 new peace keeping missions from 1988-1993, more than it had taken in its entire 40 year history.” (Taha, 14) The major developments of the 1990‘s for international humanitarian

When a soldier is no longer a prisoner of war, whether it is by release or by making amends, they country who held the Prisoner has to make a statement, signed by a superior officer. Then, they must inform the other group or country. The must keep a list of prisoners who have either been terminated by making amends, release, escape, or death. This This effects coming wars by making the country with the Prisoner of War having to keep track of the deaths, releases, escapes, etc in their camps.It also states the the country who holds the prisoner is that they are in charge of two things, the welfare and health. Females and people under the age of fifteen must be treated with more mercy, which means that they can’t be assaulted(Basic Rules of the Geneva Conventions and Their Additional

Red Cross spokesman Darcy Christen said that the Third Geneva Convention on prisoners of war forbade the exposing of captives “to public curiosity.”