Reading Room Document

Treaties and Laws Applicable to the Conflict in Afghanistan and to the Treatment of Persons Captured by U.S. Armed Forces in that Conflict

This opinion evaluates whether captured members of al Qaeda and the Taliban militia are protected by certain international treaties and laws, such as the War Crimes Act, Hague Convention IV, Geneva Conventions, and customary international law. The opinion determines that al Qaeda detainees cannot claim the protections of these agreements, due to al Qaeda's role as a nonstate actor and the novel nature of the conflict. Similarly, since Afghanistan is not a party to Hague Convention IV, captured Taliban fighters are not covered by it. Finally, though Afghanistan is a signatory to Geneva III, the president may suspend the treaty obligations with respect to Afghanistan by deeming it a failed state. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at https://justice.gov/olc/docs/aclu-ii-113001.pdf.

November 30, 2001