Once the attacks occur, as we learned on Sept. 11, it is too late. It makes little sense to deprive ourselves of an important, and legal, means to de….

There are pros and cons about the policy decision whether to follow the Geneva Conventions in a war where they do not legally apply. Among the pros m….

If the Court were to extend its reach to the base, judges could begin managing conditions of confinement, interrogation methods, and the use of infor….

It has never demonstrated any desire to provide humane treatment to captured Americans. If anything, the murders of Nicholas Berg and Daniel Pearl de….

I do not think that torture is necessary. But it may be the case that interrogation methods that go beyond questioning, but do not arise to the level….

The effort to blur the lines between Guantanamo and Abu Ghraib reflects a deep misunderstanding about the different legal regimes that apply to Iraq ….

In light of the Abu Ghraib prison scandal, critics are arguing that abuses of Iraqi prisoners are being produced by a climate of disregard for the la….

American soldiers had to guard prisoners on the inside while receiving mortar and weapons fire from the outside. Guantanamo is distant from any battl….

We can guess that the unacceptable conduct of the soldiers at Abu Ghraib resulted in part from the dangerous state of affairs on the ground in a thea….

Under the Geneva Convention, for example, a POW is required only to provide name, rank, and serial number and cannot receive any benefits for coopera….

Al Qaeda operates by launching surprise attacks on civilian targets with the goal of massive casualties. Our only means for preventing future attacks….

First Amendment speech and press rights may also be subordinated to the overriding need to wage war successfully..

It is important to recognize the differences between the war in Iraq and the war on terrorism. The treatment of those detained at Abu Ghraib is gover….

Nonetheless, Article 5 makes clear that if an Iraqi civilian who is not a member of the armed forces, has engaged in attacks on Coalition forces, the….

President Bush and his commanders announced early in the conflict that the Conventions applied..

While Taliban fighters had an initial claim to protection under the conventions, they lost POW status by failing to obey the standards of conduct for….

Without territory, it does not even have the resources to provide detention facilities for prisoners, even if it were interested in holding captured ….

Personally, I do not think that torture is necessary. But it may be the case that interrogation methods that go beyond questioning, but do not arise ….

Human rights advocates, for example, claim that the mistreatment of Iraqi prisoners is of a piece with President Bush's 2002 decision to deny al Qaed….

It is also worth asking whether the strict limitations of Geneva make sense in a war against terrorists..

Unlike previous wars, our enemy now is a stateless network of religious extremists. They do not obey the laws of war, they hide among peaceful popula….