President Reckless In Violating Geneva Conventions, Committing War Crimes
War Crimes Evidence: POTUS Memo Feb 7, 2002 Ref
The President's memo from 2002 confirms the President was aware of the specific Geneva obligations. The DoJ legal conclusions were illegal: Geneva did apply, Article 3 was applicable; and the President's orders were not lawful.
1. The President reviewed the Bybee Memo, then issued this illegal determination that Geneva did not apply, but that the detainees would be treated humanely, (at para 5). Despite this determination, the President failed to ensure the DoD 5100.77 Laws of War program was effectively implemented, or that detainees were trained humanely.
2. Regardless what the President attempted to hide in Eastern Europe, the President was well aware of Geneva, had the opportunity to review Geneva, and made the illegal determination that Geneva did not apply, but that detainees would be treated humanely. Despite this conclusion, the President failed to comply with his own illegal conclusion.
3. Once DoJ and CIA agreed not to comply with Geneva, and otherwise ignore Geneva in Eastern Europe, this created a title 28 reporting requirement. Ref The President failed to enforce this requirement; and the Attorney General did not comply with this reporting requirement.
4. It makes no difference whether the President between 2001 and 2006 thought Geneva was vague. Yoo and Gonzalez statements to the contrary cannot be believed. Ref
The failure to comply with Geneva amounts to recklessness. The President was well aware of Geneva; knew Geneva applied; chose to selectively comply with Geneva; despite an obligation to enforce Geneva did fail to enforce Geneva; and failed to ensure the Attorney General reported to Congress the decision to not comply with the US war crimes statute barring grave breaches of Geneva.