At a recent congressional hearing, Maj. Gen. Jack L. Rives, the Air Force judge advocate, testified that "some techniques that have been authorized" violated the Geneva Conventions. To preempt any prosecution, administration officials are now quietly circulating legislation to change the statutory interpretation of the War Crimes Act of 1996. In short, the legislation would make it difficult to prosecute U.S. personnel for the harsh interrogation methods authorized by President Bush and the Justice Department.
In the current proposals, which have been reported by the Washington Post and the New York Times, the administration is seeking to make Geneva Convention enforcement in the United States subject to domestic interpretation, not international standards. The slight technical change could have a huge practical impact. Legal experts say this would give some flexibility to the Justice Department to define certain interrogation techniques as legal in U.S. courts, even if the rest of the world considers them violations of the conventions.