John Yoo Quotes
There are pros and cons about the policy decision whether to follow the Geneva Conventions in a war where they do not legally apply. Among the pros might be benefits for America's image, its ability to argue in future conflicts that the Conventions should be followed, and training soldiers to follow only the Geneva standards. Among the cons might be greater security and safety for our troops who capture and detain al Qaeda operatives and the ability to gather more actionable intelligence swiftly.
Yoo, John. "An Interview with John Yoo." University of Chicago Press, 2005.
This is true. There never has been any International law that made a belligerent responsible for civilian damages and deaths that were the result of collateral damage. However, the United States over the years, more so than any other country. Provided huge amount of aid to the citizens of the enemy nations although there was no legal obligation to do so.
The Justice Department had sent a memorandum arguing that since Al Qaeda and other terrorist groups did not represent any state, were not signatories to the Geneva Conventions, and commonly committed atrocities in violation of the Geneva Conventions, then there was no obligation for America, or any signatory nation, to protect captives of these terrorist organizations. See {589866} for a contrary position that was taken.
There has always been some confusion in the case of the Wars in Afghanistan and Iraq. The Geneva and Hague conventions are very clear when prisoners are official members of an state’s armed force with uniforms, insignia and ranks. It is also clear with respect to civilians. But the combatants of the insurgent and terrorist forces fall in between, and international law is less clear. The George W. Bush administration at first took the position that the captured combatants were not captured soldiers and were therefore not entitled to the treatment due that status. But the military regulations made no distinction as to how prisoners in combat should be treated. It is a very gray area, except that in either case, torture is illegal under U. S. and under International law.
Several American soldiers have been court marshalled and found guilty of illegal torture for Warterboarding prisoners to induce them to provide information. Most experts agree that intelligence received this way is highly unreliable in that victims will say anything they think the torturer wants to hear to get the torture to stop.
Hamas had fired thousands of rockets and other missiles at Israeli population centers—war crimes under the Geneva Conventions. Israel finally retaliated against Hamas facilities in Gaza. However, in an unprecedented effort to avoid civilian casualties, the Israeli Defense Forces warned the people by indicating which targets they were going to strike. They also dropped leaflets in Arabic telling the civilians that they are not the targets but to try and avoid harm to them and their families, they should evacuate the neighborhoods that would be under attack. Hamas had placed their missile launchers and other weapons in and near schools, hospitals, mosques and civilian housing risking their civilian population—see {640841}.
John Choon Yoo is a Korean-born American legal scholar and former government official best known for authoring the Torture Memos, which provided a legal rationale for the torture of detainees during the War on Terror. Yoo is the Emanuel S. Heller Professor of Law at the University of California, Berkeley, School of Law.
