Common Article 3 and Its Application to Detention and Interrogation

摘要

On 20 July 2007, President Bush signed Executive Order 13,440. The Order, attached as an appendix to this note, "interprets the meaning and application of the text of Common Article 3 with respect to certain detentions and interrogations." The Order goes on to state that "Common Article 3 shall apply to a program of detention and interrogation operated by the Central Intelligence Agency." Given the various government documents and statements concerning Common Article 3 (CA3) and its application to detention and interrogation, including the new executive order, it is important for judge advocates to be clear on the standard for detention and interrogation in the U.S. Army.