WASHINGTON, Oct 24: The US Justice Department authorized the CIA to transfer detainees out of Iraq for interrogation - a practice that contravenes the Geneva Conventions, the Washington Post reported on Sunday.

The permission, given in a secret memo, would further embarrass the Bush administration which was humiliated across the world over massive abuses of prisoners at Baghdad's Abu Ghraib prison earlier this year.

At the request of the CIA, the Justice Department drafted a confidential memo that authorizes the agency to transfer detainees out of Iraq for interrogation - a practice that international legal specialists say contravenes the Geneva Conventions.

The report said the CIA used the March draft memo as legal support for secretly transporting as many as a dozen detainees out of Iraq in the last six months. The agency has concealed the detainees from the International Red Cross and other authorities, the report said.

The draft opinion, written by the Justice Department's Office of Legal Counsel and dated March 19, 2004, refers to both Iraqi citizens and foreigners in Iraq, who the memo says are protected by the Geneva Conventions. It permits the CIA to take Iraqis out of the country to be interrogated for a "brief but not indefinite period". It also says the CIA can permanently remove persons deemed to be "illegal aliens" under "local immigration law."

Lawyers, interviewed by the Post, said the US memo contravenes one of the most basic rights of Article 49 of the Fourth Geneva Convention, which protects civilians during wartime and occupation, including insurgents who were not part of Iraq's military.

The treaty prohibits the "individual or mass forcible transfers, as well as deportations of protected persons from occupied territory ... regardless of their motive."

The 1949 treaty notes that a violation of this particular provision constitutes a "grave breach" of the accord, and thus a "war crime" under US federal law, according to a footnote in the Justice Department draft.

During the war in Afghanistan, the US administration ruled that Al Qaeda fighters were not considered "protected persons" under the convention.

Opinion

Editorial

Diplomatic resolve
Updated 30 May, 2026

Diplomatic resolve

Iran, too, must engage seriously and provide credible assurances about its nuclear programme if it wants sanctions relief and a more stable relationship with the outside world.
Weaponising water
30 May, 2026

Weaponising water

CLIMATE Minister Musadik Malik’s warning against what he described as “water aggression” indicates ...
Rabies toll
30 May, 2026

Rabies toll

EVERY year, rabies, the deadliest zoonotic disease, kills more than 59,000 people worldwide. In Pakistan, it is one...
Pressure politics
Updated 28 May, 2026

Pressure politics

The attempt to connect the Iran conflict with the Abraham Accords makes little sense.
Eid’s true spirit
Updated 27 May, 2026

Eid’s true spirit

Pakistan celebrates Eid while grappling with economic strain that continues to weigh heavily on ordinary households.
Cotton crisis
Updated 29 May, 2026

Cotton crisis

We need a coherent long-term cotton strategy or else, Pakistan might lose a key pillar of its export economy.