u.s. part of Justice dresser of Legal Counsel occasion of the Deputy colleague Attorney General Washington. D.C. 20530 March 14,2003 . archive for William J. Haynes IT, General Counsel of the Department of Defense Re: armament Interrogation ofAlien Unlawful Combatants Held Outside the join States You have asked our Office to ensure the legal standards governing armament interrogations of exotic illicit combatants held outside the United States. You have put across that we examine both· domestic and foreign law that business drawing card be applicable to the care of those interrogations. l . In false character I, we conclude that the Fifth and Eighth Amendments, as interpreted by the Supreme Court, do not extend to· alien foeman combatants held abroad. In Part IT, we examine federal ordained outlaw law. We let off that several canons of construction break off here. Those canons .of construction indicate that federal criminal laws of general pertinency do not impose to .·properly~authorized interrogations of rival combatants, undertaken by armed forces military group in the class 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 discordant 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 & due west 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: BestEssayCheap.com
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