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Common Article 3 and its Application to Detention and Interrogation

Army Lawyer, Vol. 2007, p. 69, May 2007

2 Pages Posted: 18 Mar 2008  

Richard Jackson

affiliation not provided to SSRN

Eric Talbot Jensen

Brigham Young University School of Law

Abstract

On 20 July 2007, President Bush signed Executive Order 13,440 which "interprets the meaning and application of the text of Common Article 3 with respect to certain detentions and interrogations." The Order goes on to state that "Common Article 3 shall apply to a program of detention and interrogation operated by the Central Intelligence Agency."

Executive Order 13,440 is not applicable to the DOD and the Army for detention and interrogations; it does not provide the DOD standard.

The Department of Defense (DOD) and the Army are committed to applying the domestic and international law standards outlined in the Detainee Treatment Act (DTA), the War Crimes Act (WCA), and the Military Commissions Act (MCA), including provisions of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and Common Article 3 to the Geneva Conventions in DOD Detention and Interrogation Operations. Both the DOD and the Army have demonstrated this commitment by issuing a series of publications that make clear the standard of treatment for interrogations and detainees. These publications include the Army's Field Manual (FM) 2-22.3, and DOD Directives 2310.01E and 2311.01E.

Keywords: law of war, humanitarian law, law of armed conflict, detention, interrogation, detainee, common article 3, geneva convention, treatment

JEL Classification: H56, K33

Suggested Citation

Jackson, Richard and Jensen, Eric Talbot, Common Article 3 and its Application to Detention and Interrogation. Army Lawyer, Vol. 2007, p. 69, May 2007. Available at SSRN: https://ssrn.com/abstract=1106366

Richard Jackson

affiliation not provided to SSRN ( email )

No Address Available

Eric Jensen (Contact Author)

Brigham Young University School of Law ( email )

504 JRCB
Provo, UT 84602
United States

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