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John Yoo

President Bush and his commanders announced early in the conflict that the Conventions applied.

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It is also worth asking whether the strict limitations of Geneva make sense in a war against terrorists.

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A decision by the Supreme Court to subject Guantanamo to judicial review would eliminate these advantages.

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This is not to condone torture, which is still prohibited by the Torture Convention and federal criminal law.

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Without territory, it does not even have the resources to provide detention facilities for prisoners, even if it were interested in holding captured POWs.

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Under the Geneva Convention, for example, a POW is required only to provide name, rank, and serial number and cannot receive any benefits for cooperating.

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If the Court were to extend its reach to the base, judges could begin managing conditions of confinement, interrogation methods, and the use of information.

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In light of the Abu Ghraib prison scandal, critics are arguing that abuses of Iraqi prisoners are being produced by a climate of disregard for the laws of war.

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We can guess that the unacceptable conduct of the soldiers at Abu Ghraib resulted in part from the dangerous state of affairs on the ground in a theater of war.

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Applying different standards to al Qaeda does not abandon Geneva, but only recognizes that the U.S. faces a stateless enemy never contemplated by the Conventions.

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