Mr. Speaker, during a conference of October 7, 2005, titled ``Torture and the War on Terrorism'' Case Western Reserve University School of Law facilitated discussions with legal scholars from across the country focused on international…
Mr. Speaker, during a conference of October 7, 2005, titled ``Torture and the War on Terrorism'' Case Western Reserve University School of Law facilitated discussions with legal scholars from across the country focused on international law. The conference culminated in adoption of The Cleveland Principles, which express the view that acts of torture should never be used or justified as a tool of the Global War on Terror.
International law establishes a normative framework to advance international peace and security. The reciprocity of international law protects Americans abroad as well as individuals within the control of our government. I commend Case Western Reserve University School of Law for its leadership on this issue and I would like to enter into the Congressional Record, The Cleveland Principles.
The Cleveland Principles of International Law on the Detention and
Treatment of Persons in Connection with ``The Global War on Terror''
Introduction
In the context of revelations about the mistreatment of
detainees at U.S. detention centers in Guantanamo Bay, Iraq,
and Afghanistan; the practice of ``irregular rendition'' as a
means of outsourcing torture; the existence of US-created
``black sites'' where ``ghost detainees'' are interrogated
abroad; and the content of the leaked ``White House Torture
memos''--the Cleveland Principles were adopted by the
undersigned experts who took part in the ``Torture and the
War on Terror'' Conference at Case Western Reserve University
School of Law in Cleveland, Ohio, on October 7, 2005. The
Principles have been endorsed by the numerous other experts
whose names are also listed below. The undersigned include
current and former high-ranking government, military, and
international organization officials, prominent academics,
and leading practitioners in the field--representing all ends
of the political spectrum. The Principles are intended as a
clear restatement, written in plain English, of the
fundamental international legal rules that apply to the
treatment of persons in connection with the so-called
``Global War on Terror.'' The goal was to produce a text that
would be easy for the American public, members of the
military, and members of Congress to understand--a text
that would unambiguously spell out that in the context of
the Global War on Terror, there is no law-free zone,
torture can never be justified; outsourcing torture is
unlawful; and that government personnel may be criminally
liable for involvement in acts of torture.
The Cleveland Principles
Principle 1: With respect to the ``Global War on Terror,''
there is no law-free zone.
International Law (which includes International
Humanitarian Law, International Human Rights Law, and
International Criminal Law) applies to all contexts and
persons in the ``Global War on Terror.''
The ``Global War on Terror'' is not in its entirety an
armed conflict. When, and for so long as, the ``Global War on
Terror'' does manifest itself in armed conflict, the rights
of persons detained and the obligations of detaining
authorities, are governed by International Humanitarian Law,
including the Geneva Conventions of 1949 and the Additional
Protocols to the Geneva Conventions.
International Human Rights Law, including the Convention
Against Torture and the Covenant on Civil and Political
Rights, also applies to situations of armed conflict, to the
extent that its provisions are not inconsistent with
applicable international humanitarian law.
Whenever persons are detained outside the factual framework
of armed conflict, international humanitarian law is not
applicable and international human rights law, including the
Convention Against Torture and the Covenant on Civil and
Political Rights, applies instead.
Principle 2: Whenever there is any doubt about whether an
individual apprehended in the Global War on Terror is
entitled to Prisoner of War status, the decision must be made
on a case-by-case basis by a competent tribunal.
Persons who do not qualify for POW status under the Third
Geneva Convention are still entitled to humane treatment and
the other applicable guarantees of the Fourth Geneva
Convention.
In addition, such persons must not be subject to acts of
torture or to cruel, inhuman or degrading treatment, in
accordance with the Torture Convention.
Principle 3: Nothing in the ``Global War on Terror'' can
justify violating the prohibition on committing acts of
torture or cruel, inhuman or degrading treatment.
Interrogation in the context of the ``Global War on
Terror,'' whether conducted by military personnel or
intelligence agents, and whether conducted inside or outside
of the State's territory, must never cross the boundaries of
humane treatment.
Principle 4: Use of so-called ``irregular rendition'' as a
means of outsourcing torture to third countries is unlawful.
No person acting as an agent of a government may
participate in the transfer of any person to any country for
interrogation where there are substantial grounds for
believing that the person would be in danger of being subject
to torture or to cruel, inhuman or degrading treatment.
Diplomatic assurances from the receiving State that the
person will not be subjected to torture or to cruel, inhuman
or degrading treatment are not a sufficient basis upon which
it may be determined that such treatment or punishment will
not be imposed, where the receiving State has demonstrated a
history of engaging in such treatment.
Principle 5: Governments and Government personnel are
obligated to strictly adhere to the international law
applicable to the ``Global War on Terror'' as set forth in
the above principles.
States are responsible under international law for
violations of these principles committed by the Government's
personnel or agents, or by private parties exercising
traditional government functions with the Government's
acquiescence, whether the act occurs in the territory of the
State or outside the territory of the State.
Persons who breach or order violations of these principles,
or who aid and abet the breach of these principles, or who
fail to punish subordinates who have committed breaches of
these principles, may face individual criminal liability at
home and/or in foreign or international courts.