American Society of International Law Resolution (Final Draft of January 27, 2006)

The American Society of International Law, at its centennial annual meeting in Washington, D.C. on March 29, 2006, Resolves:

1) Each state has a right of self-defense within the United Nations Charter and other international law.

2) The laws of war and occupation (“the laws of armed conflict”) apply to the United States of America.

3) In particular, the four Geneva Conventions (Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. Geneva, 12 August 1949; Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea. Geneva, 12 August 1949; Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949; and Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949) apply to the United States of America in its armed conflict(s).

4) Torture, cruel, inhuman or degrading treatment, or secret incommunicado detention of any person in the custody or control of the United States of America and/or other States, are fundamentally repugnant to international law, and violate international law in general and, in particular, international human rights and humanitarian law.

5) All branches of the United States Federal Government and non-governmental actors are required to adhere to the standards enumerated in international law that forbid secret incommunicado detention or torture and cruel, inhuman, or degrading treatment of people without exception.  In this regard, the United States of America should conform to its U.S. constitutional jurisprudence as well as jurisprudence of prior tribunals such as the International Military Tribunal for the Far East and military tribunals at Nuremberg.

6) The international law of command responsibility applies to the United States of America.

7) The United States of America should assure command responsibility for its high level civilian authority and military general officers for any violations of international law.

8) Security and liberty should be maintained and enhanced in a manner that is completely consistent with the international law obligations of the United States of America.

SIGNED