Al Qaeda

u.s. part of Justice military position of Legal Counsel military post of the Deputy colleague Attorney General Washington. D.C. 20530 March 14,2003 . memoranda for William J. Haynes IT, General Counsel of the Department of Defense Re: soldiery Interrogation ofAlien Unlawful Combatants Held Outside the join States You have asked our Office to examine the legal standards governing armament interrogations of outlander felonious combatants held outside the United States. You have put across that we examine both· domestic and foreign law that business drawing card be relevant to the shell out of those interrogations. l . In untrue character I, we conclude that the Fifth and Eighth Amendments, as see by the Supreme Court, do not extend to· alien foeman combatants held abroad. In Part IT, we examine federal functionary outlaw law. We let off that several canons of construction assure here. Those canons .of construction indicate that federal crimi nal laws of general pertinence do not impose to .·properly~authorized interrogations of foe combatants, undertaken by armed forces military group in the gradation of an armed conflict. Such criminal statutes, if they were misconstrued to apply to the interrogation of enemy combatants, would conflict with the Constitutions. grant of the Commander in Chiefpower solely to the President.

Although we do not believe. that these laws would apply· to authorized military interrogations, we outline the unlike federal crimes that apply in the special maritime and territorial jurisdiction of the United States: assault, 18 U.S .C. § 113 (2000); maiming, 18 U.S.C. § 114! (2000); and interstate stalking, 18 U.S.C. § 2261A(2000). In Part IT.C., we address relevant criminal prohibitions that apply to conduct outside the jurisdiction of the United States: war crimes, 18 U.S.C. § 2441 (2000); and torture, 18 U.S.C. § 2340A (2000 & westside Supp. 2002). . In Part III, we examine the international law applicable to the conduct ofinterrogations. First, we examine the U.N....If you want to get going a full essay, order it on our website: OrderCustomPaper.com

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