The language, and particularly the emphasis, of these statemenets suggests a predisposition to the view that the administration cavalierly declared a group of people to not be subject to the Geneva Convention and then asked the DOJ to opine on the legality of torturing those people.But I feel a tad uncomfotable when a sitting administration asks the DOJ to write an opinion on torturing prisoners who in thier opinion are not covered under the Genava Convention.
So does this mean that whe another combatant group or country captures one of our soldiers that they should excercise their opinion that our guys arent covered by the Geneva Convention and torture them?
The accounts I have read suggest that the administration asked the DOJ to help analyze the administration's interpretation of where those people fell (or did not fall) under the Geneva Convention and what standards of treatment those people were entitled to.
The Geneva Convention is long, complex, and not easy to read. Frankly, I can't tell exactly which provisions, if any, of the Geneva Convention apply, for instance, to Islamic jihadis who go to Iraq or Afghanistan to fight clandestinely against the US or the local governments. Underlying the entire structure of the Geneva Convention is the concept of sovereign nations, or established and wannabe governments of a sovereign nation, being the parties to a conflict. Toss in an extra-national group like Al Quaida and I am really stumped about how the Geneva Convention applies.