[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"doc-detail-227932-en":3,"doc-seo-227932-105":30,"detail-sidebar-cat-0-en-105":97},{"code":4,"msg":5,"data":6},0,"success",{"doc_id":7,"user_id":8,"nickname":9,"user_avatar":10,"doc_module":4,"category_id":11,"category_name":12,"doc_title":13,"doc_description":14,"doc_content":15,"file_id":16,"file_url":17,"file_type":18,"file_size":19,"view_count":20,"is_deleted":4,"is_public":20,"is_downloadable":20,"audit_status":20,"page_count":21,"language":22,"language_code":23,"site_id":24,"html_lang":23,"table_of_contents":25,"faqs":26,"seo_title":27,"seo_description":14,"update_tm":28,"read_time":29},227932,7971461740909,"Levi","https://ap-avatar.wpscdn.com/davatar_155a257f0dc6eb9ab79c44ca47cae57d",8,"Research & Report","ACLU 2009 - Discretionary Release","ACLU 2009 correspondence addresses the legal standards governing CIA conditions of confinement for detainees held in covert overseas facilities. It analyzes whether common Article 3 of the 1949 Geneva Conventions applies to armed conflicts involving the United States and al Qaeda, relying on executive branch views and the Supreme Court’s Hamdan v. Rumsfeld decision. The release frames humane-treatment obligations and prohibited acts, and connects treaty violations to potential federal criminal liability under the War Crimes Act.","# ACLU 2009 and DISCRETIONARY RELEASE\n\nACLU 2009  \n1.  31 August 2006 Letter to Rizzo from OLCconcerning Conditions of Confinement  \n2.  31 August 2006 Memorandum to Rizzo fromOLC concerning Application of DetaineeTreatment Act to Conditions ofConfinement  \n3.  2007 OLC opinion on InterrogationTechniques  \n4.  23 August 2007 Letter from OLC to CIA  \n5.  6 November 2007 Letter from OLC to CIA  \n6.  7 November 2007 Letter from OLC to CIA  \n# Discretionary Release\n\n7.  11 June 2009 Memorandum for the AttorneyGeneral written by David Barron  \n心啊  \nU.S.Departnent of Justice  \nOffice of Legal Counsel  \nWashington,D.C.20530  \nOffice of the Assistant Attorney General  \nAugust 31,2006  \nJohn A.RizzoActing General CounselCentral Intelligence Agency  \nDear John:  \nYou have asked for our opinion whether the conditions of confinement used by theCentral Intelligence Agency(\"CIA\")in covert overseas facilities that it operates as part of itsauthorized program to capture and detain individuals who pose serious threats to the UnitedStates or who are planning terrorist attacks are consistent with common Article 3 of the 1949Geneva Conventions.On Friday,June 30,2006,I advised you orally that the conditions ofconfinement described herein are permitted by common Article 3.This letter memorializes andclaborates upon that advice.  \nCommon Article 3,which appears in all four of the Geneva Conventions of 1949,appliesin the “case of armed conflict not of an international character occurring in the teritory of one ofthe High Contracting Parties.\"Eg.,Geneva Convention(II)Relative to the Treatment ofPrisoners of War,Aug.12,1949,6U.S.T.3316,TIA.S.3364(“GPW”).It had been thelongstanding position of the Executive Branch that the phrase“not of an international character”limited the applicability of common Article 3 to intenal conflicts akin to a civil war and thusthat the provision was not applicable to the global armed conflict against alQaeda and its alties.  \n·See Memorandum of the President for the National Security Council,Re:Hamcne Treatment ofal Qaeda and Taliban Detainees at 2(Feb.7,2002)(accepting the legal conclusion of theDepartment of Justice that common Article3 “does not apply to either alQaeda or Talibandetainees,because,among other reasons,the relevant conflicts are international in scope andcommon Article3 applies only to ‘armed conflicts not of an international character'\").In Hamdan v.Rumsfeld,126S.Ct.2749,2795(2006),however,the Supreme Court,by a5-3 vote,concluded instead that the \"term'conflict not of an international character'is used herein contradistinction to a conflict between nations.\"On that basis,the Court determined thatcommon Articie3 does apply to the armed conflict between the United States and alQaeda.Seeid at 2795-97.The Supreme Court's decision means that the “minimum protection”afforded bycommon Article3,id,at 2795,to \"those placed hors de combat by sickness,wounds,detention.  \nTOPSBCRE  \nNOFQRN  \nor any other cause\"now applies,as a matter of treaty law,to detainees held by the CIA in theGlobal War on Terror.GPW Art.3.Where common Article 3 applies,the obligation to followit is also enforced by statute,as the War Crimes Act provides that“any conduct\"that \"constitutesa violation\"of common Article 3 is a federal crime,punishable in some circumstances by thedeath penalty.I8U.S.C.§2441(2000)  \nCommon Article 3 has been described as a \"Convention in miniature.\"3 ICRC,Commenfary:Geneva Convention Relative to the Treatment of Prisoners of War 34(Jean Pictet,ed.1960)(\"GPW Commentany\").It establishes a set of minimum standards applicable to thetreatment of detainees held in non-international conflicts.The most important aspect of commonArticle 3 is its overarching requirement that detainees \"shall in all circumstances be treatedhumanely,without any adverse distinction based on race,color,religion or faith,sex,birth orwealth,or any other similar criteria.\"6U.S.T.at 3318.This requirement of humane treatment issupplemented and focused ","cbCaii6sBr1YGawC","https://ap.wps.com/l/cbCaii6sBr1YGawC","pdf",22978370,1,134,"English","en",105,"# Discretionary Release\n## ACLU 2009 - Discretionary Release (Letter to Rizzo)\n## Applicability of Common Article 3\n## Humane treatment and prohibited acts","[{\"question\":\"What question does the 31 August 2006 letter address?\",\"answer\":\"It asks whether CIA conditions of confinement in covert overseas facilities are consistent with common Article 3 of the 1949 Geneva Conventions.\"},{\"question\":\"How does Hamdan v. Rumsfeld affect the applicability of common Article 3?\",\"answer\":\"The Supreme Court concluded that the phrase “conflict not of an international character” refers to conflicts between nations, so common Article 3 applies to the conflict between the United States and al Qaeda.\"},{\"question\":\"What standards does common Article 3 require for detainees?\",\"answer\":\"It requires humane treatment in all circumstances without adverse distinction and prohibits specific acts, including violence to life and person and outrages upon personal dignity.\"}]","ACLU 2009 - Discretionary Release | PDF",1789017294,338,{"code":4,"msg":31,"data":32},"ok",{"site_id":24,"language":23,"slug":33,"title":13,"keywords":34,"description":14,"schema_data":35,"social_meta":92,"head_meta":94,"extra_data":96,"updated_unix":28},"aclu-2009-discretionary-release","",{"@graph":36,"@context":91},[37,54,74],{"@type":38,"itemListElement":39},"BreadcrumbList",[40,44,48,51],{"item":41,"name":42,"@type":43,"position":20},"https://docshare.wps.com","Home","ListItem",{"item":45,"name":46,"@type":43,"position":47},"https://docshare.wps.com/document/","Document",2,{"item":49,"name":12,"@type":43,"position":50},"https://docshare.wps.com/document/research-report/",3,{"item":52,"name":13,"@type":43,"position":53},"https://docshare.wps.com/document/aclu-2009-discretionary-release/227932/",4,{"url":52,"name":13,"@type":55,"image":56,"author":61,"headline":13,"publisher":63,"fileFormat":66,"inLanguage":23,"description":14,"dateModified":67,"datePublished":68,"encodingFormat":66,"isAccessibleForFree":69,"interactionStatistic":70},"DigitalDocument",{"url":57,"@type":58,"width":59,"height":60},"https://docshare.wps.com/thumbnails/aclu-2009-discretionary-release/227932.png","ImageObject",300,407,{"name":9,"@type":62},"Person",{"url":41,"name":64,"@type":65},"DocShare","Organization","application/pdf","2026-09-11","2026-09-10",true,{"@type":71,"interactionType":72,"userInteractionCount":20},"InteractionCounter",{"@type":73},"ViewAction",{"@type":75,"mainEntity":76},"FAQPage",[77,83,87],{"name":78,"@type":79,"acceptedAnswer":80},"What question does the 31 August 2006 letter address?","Question",{"text":81,"@type":82},"It asks whether CIA conditions of confinement in covert overseas facilities are consistent with common Article 3 of the 1949 Geneva Conventions.","Answer",{"name":84,"@type":79,"acceptedAnswer":85},"How does Hamdan v. Rumsfeld affect the applicability of common Article 3?",{"text":86,"@type":82},"The Supreme Court concluded that the phrase “conflict not of an international character” refers to conflicts between nations, so common Article 3 applies to the conflict between the United States and al Qaeda.",{"name":88,"@type":79,"acceptedAnswer":89},"What standards does common Article 3 require for detainees?",{"text":90,"@type":82},"It requires humane treatment in all circumstances without adverse distinction and prohibits specific acts, including violence to life and person and outrages upon personal dignity.","https://schema.org",{"og:url":52,"og:type":93,"og:title":13,"og:site_name":64,"og:description":14},"article",{"robots":95,"canonical":52},"index,follow",{"doc_id":7,"site_id":24},{"code":4,"msg":5,"data":98},[99,103,107,111,116,121,126,129,134,137,141],{"id":20,"doc_module":4,"doc_module_name":46,"category_name":100,"show_sort_weight":101,"slug":102},"Story & Novel",90,"story-novel",{"id":47,"doc_module":4,"doc_module_name":46,"category_name":104,"show_sort_weight":105,"slug":106},"Literature",80,"literature",{"id":53,"doc_module":4,"doc_module_name":46,"category_name":108,"show_sort_weight":109,"slug":110},"Exam",70,"exam",{"id":112,"doc_module":4,"doc_module_name":46,"category_name":113,"show_sort_weight":114,"slug":115},5,"Comic",60,"comic",{"id":117,"doc_module":4,"doc_module_name":46,"category_name":118,"show_sort_weight":119,"slug":120},6,"Technology",50,"technology",{"id":122,"doc_module":4,"doc_module_name":46,"category_name":123,"show_sort_weight":124,"slug":125},7,"Healthcare",40,"healthcare",{"id":11,"doc_module":4,"doc_module_name":46,"category_name":12,"show_sort_weight":127,"slug":128},30,"research-report",{"id":130,"doc_module":4,"doc_module_name":46,"category_name":131,"show_sort_weight":132,"slug":133},9,"Religion & Spirituality",20,"religion-spirituality",{"id":132,"doc_module":4,"doc_module_name":46,"category_name":135,"show_sort_weight":132,"slug":136},"World Cup","world-cup",{"id":138,"doc_module":4,"doc_module_name":46,"category_name":139,"show_sort_weight":138,"slug":140},10,"Lifestyle","lifestyle",{"id":142,"doc_module":4,"doc_module_name":46,"category_name":143,"show_sort_weight":112,"slug":144},19,"General","general"]