OLC Memo from Jack Goldsmith to John Muller Re: "Protected Person" Status of [redacted]

This June 23, 2004 memo from Jack Goldsmith (OLC) to Scott W. Muller (General Counsel of the CIA) is a response to Muller's question of whether a redacted "terrorist operative" is a "protected person" and whether his [redacted] would violate the Geneva Convention.

Doc_type: 
Legal Memo
Doc_date: 
Wednesday, June 23, 2004
Doc_rel_date: 
Tuesday, August 30, 2016
Doc_text: 

U.S. Department of Justice
Office of Legal Counsel
Office of the Assistant Attorney General Washington, D.C. 20530
June 23, 2004
Mr. Scott W. Muller General Counsel Central Intelligence Agency Washington, D.C. 20505
Re: Status of
Dear Scott:
You have asked whether is a "protected person" and whether his would violate the Geneva Convention Relative to the Protection of
Civihan Persons in Time of War, Aug. 12 1949, 6 U.S.T 3516, 754 U.N.T.S. 287. You have informed us that and have provided additional information establishing that illegaly entered after the occupation had begun and that is an operative of the military wing of the Hizballah terrorist organization.
This letter confirms our previous oral advice that would not violate the Geneva Convention. Based on theinformationyouhaveprovided, we have determined that is not a "protected person" and that his
would accordingly not violate the Convention. We have further determined that even if were a "protected person," his would not constitute a prohibited deportation" or "transfer" within the meaningofArticle49 orArticle147 of the Convention.
Sincerely,
Signature of Jack L. Goldsmith
Jack L. Goldsmith III Assistant Attorney General
Salim v. Mitchell - United States Bates #000484
08/31/2016

Doc_nid: 
11909
Doc_type_num: 
62