07-F-2412 IPU 051 Protocols Additional to the Geneva Convention

• • • SYSTEM II 90264 THE WHITE HOUSE WASHINGTON MEMORANDUM FOR THE SECRETARY OF STATE _._..1111IE SECRETARY OF DEFENSE THE A'l'TORNEY GENERAL THE CHAIRMAN, JOINT CHIEFS OF STAFF THE DIRECTOR, ARMS CONTROL AND DIS~ENT . 'AGENCY SUBJECT: 1977 Protocols Addi~ional to the Geneva Conventions of 1949 on Protection of War Victims ·- on the basis of a memorandwn from the Department of State reflecting agency recommendations, the President has decided that tbe United States should not ratify Protocol I of the 1977 Protocols additional to the Geneva Conventions of 1949 on Protection of War Victims. Protocol I is unacceptable because it would afford leqal protection to terrorists and terrorist organizations at the expense of noncombatants. It also abolishes traditional distinctions between international and non-international conflict, and it establishes an exemption for •national liberation movements• from the principle of non-use of force in international law. The President has also decided that Protocol II, with appropriate understandings and reservations, should be submitted to the Senate for advice and consent on ratification. In addition, there are certain provisions of Protocol I that the United States desires to recognize as customary international law. The President havinq decided on this position for the United States, the Departments of State and Defense are requested to consult with US NATO Allies and other friends and Allies at an appropriate, hiqh level prior to public announcement of the US position. The Swiss Goverrunent, as depository authority for the Protocols, should be fonnally notified of the us intention not to ratify Protocol I and should be requested to note the fact of US intention not to ratify in its publications of national ratification status. The Joint Chiefs of Staff are requested to advise the NATO Military Committee of the US intention • faoSJ 2-8dcq~to/ H' J 4 o ~ 2 ----·---~----J __. ______ -· - ---- 2 • The Departments of State, Defense, and Justice are requested to formulate and coordinate, in a timely fashion, a formal draft ratification proposal on Protocol II, including appropriate reservations and clarifications, for the President to submit to ~he Senate for advice and consent. This is a siqnifican~ step in defense of traditional hwnanitarian law and in opposition to the intense efforts of terrorist organizations and their supporters to promote the legitimacy of their aims and practices. US Government spokesmen should make the point in promoting the USG position that we are takinq this step as one additional measure, at the ideological level so prized by terrorist organizations, to deny openly the leqitimacy of terrorist organizations as legitimate international actors. FOR THE PRESIDENT: ·- <[{:: .. 7=..__- John M. Poindexter • • Pages 3 15 are withheld under B 3 and B5 Yahoo! News - Red Cross Fears U.S. Is Hiding Detainees · Page 1of3 '.iillQQ1 My Yahoo! Milt Su 1 ch I t~ wtb~ - Welcome, Guest Yahoo! News r ue. Jui 13, 2004 News Horne Top Stories U.S. National Bualness w.OJli1 Middle East ·~ Latin America A!I1.ca Alia CJtnada Australia/Antarctica Most Popular Entertainment SJtortl Itchnology s.cten.te tiul1b Oddly Enough Comics News Photos Mosl Popular Weather AudloMdeo ~Full Coverage More about ~~11 Related News Stories Peragaall:z:_tliiYtLl:f.Onte_ ee ···--- •to ri -·--. • IWii8 Europe-AP Red Cross Fears U.S. Is Hiding Detainees 2 hou.-., 5 mlnuws ago By NAOMI KOPPEL, A~ciated Press Writer GENEVA - The international Red Cross said Tuesday that It fears U.S. officials are holding terror suspects secreily In locations across the world. The Geneva Conventions on the conduct of warfare require the United States to give the Red Cross access to prisoners of war and other detainees. "We have access to people detained by the United States in Guantanamo Bay, Afghanistan (news - web sites) and Iraq (news. - web sites), but in our understanding there are people that are detained outside these places for which we haven't received notification or access,• said Antonella Notari, a spokeswoman for the International Committee of the Red Cross. The United States says It is cooperating with the organization and has allowed Red Cross delegates access to thousands of prisoners, including former Iraqi President Saddam Hussein (WW~ - W~IL$.i.t~.l. But Notari told The Associated Press that some suspects reported as arrested by the FBI (~ - web sites) on its Web site, or identified In media reports, are unaccounted for. "Some of these people who have been reported to be arrested never showed up in any of the places of detention run by the U.S. where we visit," Notari said. She said she had read media reports that some people are being held at Diego Garcia, a British-held island in the Indian Ocean used as a strategic military base by the United States, but the ICRC has not been notified of any prisoners there. .... ~lted .4.DVERT ~PrH8 ..----- Ne1 deli 0, ren ~ Op~ ~ E.Yll~~QI. http://story.news.yaboo.com/news?tmpl=story&u=/ap/20040713/ap on re eu/red cross u... 7/13/2004 -·-·· - Yahoo! News .. Red Cross Fears U.S. Is Hiding Detainees Page 2of3 • Man bekl la M@~rtd (Jut , 2, 2004) • bombings probe al BBC . • Elnal il1 :1 Btmael I§ . Saki m Dismiss tmg- Qaeda Alliance at The New York Times (reg. rnq'd} (Jul 12. 2004) • Phm12mo. Mcvn &lil!lll MU8Hm 01'.WttY. AP via Yahoo! News (Jul 12, 2004) Opinion a Eclltorlala • Ihe 9/1 O Demo<;_r:i.t§ at The WeeJdv Standam {Jut 12. 2004) • Hlttfog terrorists hard 11 nm gDI): wav IQ wia at 'We Just simply have absolutely no confirmation of this In any formal way,• she said. The U.S. govemment has not offlclally responded to a Red Cross demand for notification Of all detainees, including those held in undisclosed locations, she safd. That request was made by ICRC President Jakob Kellenberger in January during a visit to Washington lhat featured meetings with Secretary of State Colin Powell Cnl.Yll -web sites), Deputy Defense Secretary Paul Wolfowltz and National Security Adviser CondOleezza Rice <news .. web sites). •So far we haven8t had a satisfactory reply.a Notari said. An Army report on the abuses at Baghdad's Abu Ghraib prlso!l found that military police there aroutinely hetd persons brought to them by Other Govemment Agencies without accounting for them, knowing lheir identities, or even the reason for thelr detention.• CJtfeego Sun-llme& (Ju! 12, On at least one occasion they moved these •ghost detainees• around 2004) the prison to hide them from a visiting Red Cross delegation, the report • Homeland lnsecu~ at by Maj. Gen. Antonio Taguba said. He described the actions as NY Daffy News (Jul 12, •deceptive, contrary to Army Doctrine. and in violation of international 2004) law.• • Featun1 Articles • Exgylh{§: Election ~ Yim!iil at Newsweek via In an Interview In Tuesday's edition o1 tile German business daily Handefsblatt, Kenenberger defended the Aed Cross polfcy of refusing to comment publicly on the conditions that It finds in places of MSNBC (Jul 12, 2004) detention, preferring to negotiate dfrectly with the authorities. • {.1uan1anamo braces for The lntematfonal Red Cross came under Criticism for not speaking out ~Chicago Tribune W1 Yahoo! News (Jul 12. about the abuse at Abu Ghralb until it was revealed In the media 2004) acer&ain people had the Impression that our repeated, confidential Related Web Sites approaches to the U.S. authorities were falllng flat,° Kellenberger said. • oepartmenl of Homelud Securttv •aut Impressions can be wrong. When we visited Abu Ghraib In • Red eross: January 2004, we found improvements compared with October 2003, Preparedness and When we visited in March it was better than in January.• Recommendations The ICRC has, however, spoken out on its concerns over the continued detention without trial of prisoners at Guantanamo Naval News Resources Base tn Cuba. Provldera • AP. •1 made lt c1ear·1n January that we were not happy with the Improvements, 11 Kellenberger sald. • AFP U.K. New8Alerts 'The most recent visit has iust finished. We must now study the • Afabanlstan flndings.0 •• ·JmQ • 8addam t:tussein StaryTools • ESl 181 Emall Story <!> Post/R~ad Mags A Print Story 0 ...... ,. ........ http://story.news.yahoo.com/news?tmpl=story&.u=/ap/20040713/ap on re eu/red cross u ••• 7/13f]lJ04 l' I -- ····----------·-- ·Yahoo! News-Red Cross Fears U.S. Is Hiding Detainees Page3of3 • • • Conn Pawell • Qondole@m Rice Servtces • News Alerts Ratings; Would you recommend this story? Notatall 1•2 - 3 .. ~ • 5 Highly Avg ftallng: 3.99, 226 vot88 Toor& Sponsored by: HP prim batter photos. (Ii) , ..... News via RSS World News WorldEllm MideastlBlll Canada131D1 Asla£1m EuropeEDlll Oc&anlaBfllll Special Feature .d .._.mYllmD!Mln .. ~DIGITAL CAMCOR11E11S The ultimate guide to buying a new video camera ADBSSfetds Next Story! Mw.tne Who Went Missing tg..Retum to U.S. (AP} More~ Stoties . BlaldoJ.•m wrdlct of Iraq lntelU91DafmlM(ty (AFP) • Civil service lobs to be cuUed under pre-election spending plans (AFP) • •L,ost Beatles cachea maY not be ticket to ride. experts warn (AFP} • 25 N Ireland police officers Injured after annual Protestant matches (AFP) • Entente Cord!ale feted as Br!tA!n les.ds France's Ba$tllli.O~y parade (AFP) • Copyright O 2004 The Associated Press. All rights reserved. The Information cont&Jned in lhe AP News report may not be publstled, broadc redistrl>uted without the prtor Wrflten authattty of The Assoclaled Press. COpyright o 2004 YahOOl Inc. All rtght8 reserved. Questions or r.mnmenm Pr!yacy Poficy-Teans ot Service -Cop)flqbt po11cy -Ad Feedback • http://story.news.yahoo.com/news?tmpl=Story&u=/ap/20040713/ap on re eu/red cross u .•. 7/13/2004 Pages 19-25 withheld under B 3 and B 5