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January 6, 2005: Gonzales Expresses Little Respect for, or Understanding of, International Law

Attorney general nominee Alberto R. Gonzales, currently serving as chief White House counsel, tells the Senate Judiciary Committee during his confirmation hearings that there had been some discussion within the administration about trying to rewrite the Geneva Conventions. While he is committed to “ensuring that the United States government complies with all of its legal obligations as it fights the war on terror, whether those obligations arise from domestic or international law,” he says, “these obligations include, of course, honoring the Geneva Conventions wherever they apply.” However, he adds: “We are fighting a new type of enemy and a new type of war. Geneva was ratified in 1949… and I think it is appropriate to revisit whether or not Geneva should be revisited. Now I’m not suggesting that the principles of Geneva regarding basic treatment—basic decent treatment of human beings—should be revisited.… That should always be the basis on which we look at this. But I am aware there’s been some very preliminary discussion as to whether or not—is this something that we ought to look at.” [Los Angeles Times, 1/7/2005; Savage, 2007, pp. 209]
Questioned about Involvement in Torture - During the hearing, Gonzales is grilled on his involvement in the administration’s decision to allow aggressive interrogations of terrorism detainees. Critics believe the interrogation policy developed by Gonzales and his colleagues created the conditions that allowed abuses, such as those at Abu Ghraib, to occur. Senator Edward Kennedy tells Gonzales, “It appears that legal positions that you have supported have been used by the administration, the military, and the CIA to justify torture and Geneva Convention violations by military and civilian personnel.” [Associated Press, 1/6/2006] Retired Admiral John Hutson, a former Navy judge advocate general (JAG) who testifies as a witness at the hearing, says, “I believe that the prisoners’ abuses that we’ve seen… found their genesis in the decision to get cute with the Geneva convention.” [Reuters, 1/7/2005]
Lack of Understanding of International Law - At certain points during the hearing, Gonzales demonstrates an apparent lack of understanding about US and international law. When he is asked if he thinks other world leaders can legitimately torture US citizens, he answers, “I don’t know what laws other world leaders would be bound by.” On another occasion he is asked whether “US personnel [can] legally engage in torture under any circumstances,” to which he answers, “I don’t believe so, but I’d want to get back to you on that.” He is also asked whether he agrees with John Ashcroft’s judgment that torture should not be used because it produces nothing of value. Gonzales responds, “I don’t have a way of reaching a conclusion on that.” [Washington Post, 1/7/2005]

Entity Tags: John D. Hutson, John Ashcroft, Alberto R. Gonzales, Edward M. (“Ted”) Kennedy

Timeline Tags: Torture of US Captives, Civil Liberties

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