Law & Society Blog

The Financial Times reports a sharp reversal of the administration’s policies with respect to the Guantanamo Bay detainees. Here is a taste:

The White House confirmed on Tuesday that the Pentagon had decided, in a major policy shift, that all detainees held in US military custody around the world are entitled to protection under the Geneva Conventions.

The FT has learned that Gordon England, deputy defence secretary, sent a memo to senior defence officials and military officers last Friday, telling them that Common Article 3 of the Geneva Conventions – which prohibits inhumane treatment of prisoners and requires certain basic legal rights at trial – would apply to all detainees held in US military custody.

The policy shift is a response to the Supreme Court’s recent Hamdan decision.

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