P.X. Kelley and Robert F. Turner have written an editorial in WaPo titled "War Crimes and the White House; The Dishonor in a Tortured New 'Interpretation' of the Geneva Conventions." One of us was appointed commandant of the Marine Corps by President Ronald Reagan; the other served as a lawyer in the Reagan White House and has vigorously defended the constitutionality of warrantless National Security Agency wiretaps, presidential signing statements and many other controversial aspects of the war on terrorism. But we cannot in good conscience defend a decision that we believe has compromised our national honor and that may well promote the commission of war crimes by Americans and place at risk the welfare of captured American military forces for generations to come.
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The Geneva Conventions provide important protections to our own military forces when we send them into harm's way. Our troops deserve those protections, and we betray their interests when we gratuitously "interpret" key provisions of the conventions in a manner likely to undermine their effectiveness. Policymakers should also keep in mind that violations of Common Article 3 are "war crimes" for which everyone involved -- potentially up to and including the president of the United States -- may be tried in any of the other 193 countries that are parties to the conventions.
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