The Weaknesses Within The Prosecution

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The Weaknesses Within the Prosecution: After the terrorist attacks on September 11, 2001, the United States, under President George W. Bush, pursueda foreign policy based on preemption. Preemption, or preemptive war, is an offensive launched against any assumed threat that has yet to materialize. The objective is to neutralize the threat before it comes to fruition; in other words, the threat must be subdued before another terrorist attack occurs on U.S. soil. In his speech at West Point Military Academy, former president George W. Bush explained the need for preemptive war: If we wait for threats to fully materialize, we will have waited too long — Our security will require transforming the military you will lead — a military that…show more content…
However, since these attacks occurred so long after the Conventions were agreed upon, many government officials felt it was time to reinterpret them. 5.1:The Torture Memos As a result, from the early months of 2002 through August of 2003, the Bush administration was drafting a series of memorandanow known as the Torture Memos. These documents addressed the justification of torture that ultimately allowed for enhanced interrogation to occur despite the Geneva Conventions. The memos were outlined by various government officials who felt information gathering analysis needed to be strengthened. John Yoo, the Deputy Assistant U.S. Attorney General in the Office of Legal Counsel and the Department of Justice during the George W. Bush Aadministration, clearly emphasized in one of the first memos that U.S. officials should not be charged for war crimes regarding the treatment and interrogation of prisoners, especially since he argued thatthe Geneva Conventions did not apply to suspects of terror. Similarly, Alberto Gonzales, who served as the 30th White House Counsel from 2001 to 2005, stressed the idea that the Taliban and al-Qaeda fell outsidethe Geneva Conventions since they were stateless and were therefore were not a high contracting party. The memo stated that “...none of the provisions of Geneva apply to our conflict with al Qaeda in Afghanistan or elsewhere through the world because, among other reasons, al
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