THE TORTURE PAPERS:  THE ROAD TO ABU GHRAIB

MEMO 5

Secretary of Defense
1000 Defense Pentagon
Washington, DC 20301-1000

JAN 19 2002

MEMORANDUM FOR CHAIRMAN OF THE JOINT CHIEFS OF STAFF

SUBJECT: Status of Taliban and Al Qaida

(U) Transmit the following to the Combatant Commanders:

(U) The United States has determined that Al Qaida and Taliban individuals under the control of the Department of Defense are not entitled to prisoner of war status for purposes of the Geneva Conventions of 1949.

(U) The Combatant Commanders shall, in detaining Al Qaida and Taliban individuals under the control of the Department of Defense, treat them humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of the Geneva Conventions of 1949.

(U) The Combatant Commanders shall transmit this order to subordinate commanders, including Commander, Joint Task Force 160, for implementation.

(U) Keep me appropriately informed of the implementation of this order.

Classified by:  SecDef
Reason: 1.5(d)
Declassify on:  01/19/12

DECLASSIFIED ON 4 FEB 2002
PER DOD GENERAL COUNCIL MEMO
Please Notify All Recipients to Downgrade this Memorandum to Unclassified

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