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By Charlie Savage
The Boston Globe
Saturday 25 August 2007
New Bush rules on detainees stir concern.
Washington - Top military lawyers have told senators that President Bush's new rules for CIA interrogations of suspected terrorists could allow abuses that violate the Geneva Conventions, according to Senate and military officials.
The Judge Advocates General of all branches of the military told the senators that a July 20 executive order establishing rules for the treatment of CIA prisoners appeared to be carefully worded to allow humiliating or degrading interrogation techniques when the interrogators' objective is to protect national security rather than to satisfy sadistic impulses.
The JAGs expressed their concerns at a meeting late last month with Senators John Warner of Virginia, Lindsey Graham of South Carolina, and an aide representing John McCain of Arizona, who could not attend because he was campaigning for president. All three senators are Republicans who have been key proponents of laws banning the abuse of detainees, and have vowed to monitor the Bush administration's treatment of prisoners.
The top JAG for the US Army, Major General Scott C. Black, followed up on the meeting this month by sending a memo to lower-ranking soldiers reminding them that Bush's executive order applies only to the CIA, not to military interrogations. Black told soldiers they must follow Army regulations, which "make clear that [the Geneva Conventions are] the minimum humane treatment standard" for prisoners.
"This Executive Order does not change the standard for the Army.... I want to ensure that there is no confusion concerning the Executive Order's lack of applicability to the Army," Black wrote in the memo, a copy of which was obtained by the Globe. "As a Corps, we must be diligent to ensure that all interrogation and detention operations comply with the Army standard."
In an e-mail yesterday, a Justice Department spokesman defended Bush's order as "consistent" with the minimum standards of humane treatment required by the Geneva Conventions.
But the JAGs told the senators that a key part of the order opens the door to violations of the section of the Geneva Conventions that outlaws "cruel treatment and torture" and "outrages upon personal dignity, in particular, humiliating and degrading treatment," officials familiar with the discussion said.
The JAGs cited language in the executive order in which Bush said CIA interrogators may not use "willful and outrageous acts of personal abuse done for the purpose of humiliating or degrading the individual." As an example, it lists "sexual or sexually indecent acts undertaken for the purpose of humiliation."
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Source: Military Warns of Potential CIA Abuses
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