The embassy of an unknown country sent a note seeking information about a national who is being detained by the U.S. at Guantanamo. The DOS note written in response to their note states that the DOS is not in a position to respond to inquiries of this nature. It goes on to also discuss the laws of war.
UNCLASSIFIED
RELEASED IN PART LFftS B6, Bl, 1.4(D)
Ld
The Department of State acknowledges receipt of a note
-
dated September iz, 2002 and Diplomatic Note N. 922 dated
October 21, 2002 from the Embassy of transmitting B1
questions on behalf of an attorney,
B6
concerning an individual said to be detained by United
States forces in Guantanamo Bay. For operational and
Security reasons, the Department of State is not in a
position to respond to inquiries of this nature concerning
the specific circumstances pertaining to the.deiention of
any particular individual-detained at. Guantanamo Bay:
B1
As a general matter, the Government of y
advise that individuals detained. under
B6
•
the control of United States military authorities at
Guantanamo Bay are enemy combatants captured while engaged
in ongoing hostilities or directly supporting hostile '
forces. Enemy combatants pose a serious threat to the
United States, NATO nations, and coalition partners- They
are being held in accordance with the laws and customs of
war, 'which permit the United States to capture and detain
UNITED STATES DEPARTMENT OF STATE
CLASSIFIED BY DEPT. OF STATE, L. R. LOHMAN, DAS, A/RPS
REVIEW AUTHORITY: HARRY R MELONE
CLASSIFICATION: CONFIDENTIAL REASON: 1.4(D)
DECLASSIFY AFTER: 29 OCE 2012
• DIPLOMATIC NOTE DATE/CASE ID: 28 DEC 2004 200303827
DOS-000754
UNCLASSIFIED
enemy combatants to prevent their re-engaging in the on
going armed conflict.
As long as hostilities continue, the United States, as
an
a matter of military necessity ani common aense,
consistent with the laws and customs of war, has a right to
L
detain enemy combatants who could rejoin the fight if
provided the opportunity. The United States treats all
enemy combatants humanely and in a manner consistent with
the principles of the Geneva Convention of 1949.
There is no law'requiring a detaining power CO prosecute enemy combatants or to release them prior to the end of hostilities. The authority to detain enemy
combatants exists in law independent of the judicial or
criminal justice system. While the United States Government and its coalition partners are doing everything they can to determine whether particular combatants should be tried for crimes in accordance with international norms, the decision whether, or when, to prosecute a combatant has no impact on the underlying authority to detain them during the armed conflict.
DOS-000755
UNCLASSIFIED
UNCLASSIFIED
Likewise. under' the laws and customs of war, captured
enemy combatants have no right of access to counsel or the
courts to challenge their detention. If and when a
detainee is charged with a crime, he would have the right
to counsel and fundamental procedural safeguards_ Tn date,
no detainee at Guantanamo has been charged with any
particular crime.
With respect to access to detainees at Guantanamo Bay,
representatives of the International Committee for the Red
Cross individually and privately visit the enemy combatants
on a regular basis- Some detainees have also met with
government officials from their country of nationality.
The united States maintains that access to counsel by enemy
combatants, in the absence of criminal charges, would
directly interfere with the ongoing efforts of the United
States and its coalition partners to gather and evaluate
intelligence about the enemy, its capabilities, and its
plans. Gaining such intelligence is critical to the war
effort and instrumental in preventing further attacks
against the United States, the NATO nations and our
coalition partners. 'This is our legal position in•judicial
proceedings whenever the issue is raised.
DOS-000756
UNCLASSIFIED
UNCLASSIFIED
-4-
Department of State,
Washington,
OCT 3 0 2002
UNCLASSIFIED.
DOS-000757
UNCLASSIFIED
-5-
Drafted:S/WCI:RMiller (10/17/02)
Approved: EUR/PO:REradtke
ITUR/UBI:MNorman
DOD/OGC:EDavidson
DOWSOLIC:RHyams
DOS:MIneontra
PM:SPeters
L/NESA:JDolan
P:AGordon
NSC/LEGAL:JScharfen
S/CT:DScott
CIA/CTC:LVogt
S/ES-0:Mscheland
S/BS-CR:Ellardy (draft)
CC 2 9 2002
(per State 204847)
B1
DOS-000758
TOTAL P.06
UNCLASSIFIED