Executive Order 13440 · 2007-07-24

Interpretation of the Geneva Conventions Common Article 3 as Applied to a Program of Detention and Interrogation Operated by the Central Intelligence Agency

Limits Central Intelligence Agency Interrogation Practices Under Geneva Article 3

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Signed by George W. Bush
Published 2007-07-24

What it does

The order directs the Central Intelligence Agency to operate its detention and interrogation program in ways that comply with this interpretation of Common Article 3 and meet specified prohibitions and safeguards.

Real-world impact

  • Permits Central Intelligence Agency interrogation practices if Director approves and detainee meets strict criteria.
  • Requires detainees receive adequate food, shelter, clothing, and essential medical care.
  • Imposes written policies, training, monitoring, and tailored interrogation plans for safety.

Topics

detention policyinterrogation practicesnational securityinternational lawintelligence operations

Summary

This order interprets Article 3 of the Geneva Conventions as applicable to a Central Intelligence Agency detention and interrogation program and sets standards for what complies with U.S. obligations.

It says the Director of the Central Intelligence Agency may approve practices only if they avoid torture and other listed prohibited acts, are safe, and are used only with alien detainees judged linked to al Qaeda, the Taliban, or associated forces and likely to have useful information.

The order requires written policies, training, monitoring, and basic medical care, and assigns a specific function to the Director of National Intelligence.

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