U.S. Government Memos on Torture and International Law

April 1, 2005: Military report by Lt. Gen. Mark Schmidt and
Brig. Gen. John Furlow A military investigation into FBI allegations of abuse at Guantanamo Bay.
(PDF-1.6MB)


December 30, 2004: Asst. Attorney General Daniel Levin Memo In this memo, Mr. Levin provides a partially revised Department of Justice analysis of the August 1, 2002 memo on the legal obligations concerning interrogation and torture. (PDF-935KB)


March 19, 2004: Memo to Gonzales from Assistant Attorney General
Jack Goldsmith III In this memo, Mr. Goldsmith argues that despite the Geneva Conventions’ applicability, CIA could transfer prisoners out of Iraq secretly. This is the issue of “ghost detainees.” (PDF-2.6MB)


September 14, 2003: Lt. Gen. Ricardo S. Sanchez Memo In this memo, Lt. Gen. Sanchez, relying on Guantanamo interrogation guidance authorizes interrogation methods including stress positions, use of dogs, sleep deprivation and dietary manipulation.
(PDF-1.5MB)


April 16, 2003: Defense Secretary Donald Rumsfeld Memo In this memo, the Secretary of Defense outlines permissible interrogation techniques, based on the legal reasoning of Mr. Gonzales and others.
(PDF-1.5MB)


April 4, 2003: DoD Working Group Report on Detainee Interrogations In this report, military and civilian lawyers adopt earlier government memos' analysis of laws on interrogation and recommend 35 interrogation techniques.
(PDF-6.0MB)


February-March 2003: Military JAG Memos on Working Group Report In these six memorandums, military lawyers question DOJ and White House legal analysis supporting coercive interrogation methods and unlimited presidential powers.


December 2, 2002: Defense Secretary Donald Rumsfeld Memo In this memo, Secretary Rumsfeld first authorizes interrogation tactics for use at Guantanamo including stress positions, stripping and shaving prisoners, and using dogs to induce stress.
(PDF-780KB)


November 27, 2002: FBI Legal Analysis of Interrogation Techniques In this memo, an FBI agent at Guantanamo warns FBI legal counsel that many of the interrogation methods proposed on November 27, 2002 for use at Guantanamo violate the prohibition on torture.
(PDF-123KB)


August 1, 2002: Deputy Assistant Attorney General John Yoo letter
to Mr. Gonzales In this letter, Mr. Yoo argues that interrogation techniques used on al Qaeda detainees would not violate a 1984 international treaty prohibiting torture. (external link)


August 1, 2002: Assistant Attorney General Jay Bybee Memo to
Mr. Gonzales
In this memo, Mr. Bybee argues that only interrogation techniques which caused death or pain equal to that associated with organ failure constitute torture. (PDF-2.6MB)


February 7, 2002: Directive by President Bush
In this memorandum from the President to his national security, President Bush says that the Geneva Conventions do not apply to the conflict with al Qaeda, and that Taliban detainees are not Prisoners of War. (PDF-130KB)


February 2, 2002: State Department Legal Adviser William Taft IV memo
to Mr. Gonzales
In this memo, Mr. Taft advises Mr. Gonzales that his proposed policy on Geneva Conventions could adversely affect the future well-being of U.S. military prisoners. (PDF-2.5MB)


January 26, 2002: Secretary of State Powell memo to the White House
In this memo, Secretary Powell argues that Mr. Gonzales’ position on the Geneva Conventions undermines more than a century of U.S. policy and practice. (PDF-393KB)


January 25, 2002: Alberto Gonzales memo to President Bush
In this memo, Mr. Gonzales advises the President that the Geneva Conventions are inapplicable to al Qaeda and the war in Afghanistan. (PDF-593KB)