DoD on Geneva Conventions, CRS on Military Commissions, Etc.
In a significant policy reversal, the Department of Defense last week formally directed that the humane treatment requirements of Common Article 3 of the Geneva Conventions shall henceforth be applied to all prisoners and detainees in DoD custody (as first reported by the Financial Times). See this July 7 memorandum (pdf) from Deputy Secretary of Defense Gordon England.
The procedures for trying enemy prisoners and detainees in the war on terror are again a subject of deliberation (and of a hearing before the Senate Judiciary Committee today) in the wake of the Supreme Court’s ruling that the tribunals established by the Bush Administration are unlawful.
A 2005 report of the Congressional Research Service provides some background on the development of this issue. Though now out of date in certain respects, it includes useful tables comparing the various features and procedural safeguards of general courts-martial with those of military commissions and tribunals.
See “The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice” (pdf), updated August 4, 2005.
Other notable new CRS reports not readily available in the public domain include the following.
“National Emergency Powers” (pdf), updated June 20, 2006.
“Nuclear Weapons: Comprehensive Test Ban Treaty” (pdf), updated June 21, 2006.
“Combat Aircraft Sales to South Asia: Potential Implications” (pdf), July 6, 2006.
“Restructuring U.S. Foreign Aid: The Role of the Director of Foreign Assistance” (pdf), June 16, 2006.
Soft law was never meant to be a permanent solution. Treating it as one, and letting the sandcastle stand in for the skyscraper indefinitely, is how we end up with a decade of voluntary commitments and no enforceable accountability to show for it.
FAS has partnered with ICLEI USA to launch the CRI Local Advisory Council.
We sat down with Dr. Max Moritz and Chief Rob Hazard to discuss how communities use time, money, and data to reduce the risk that wildfires pose.
The Colorado Future Systems Policy Sprint is FAS’s first state-level policy sprint. Policy sprints are key incubators for “policy entrepreneurship,” FAS’s method for equipping individuals with strong ideas with the technical assistance to develop policy.