26 July Washington Post commentary - War Crimes and the White House by P.X. Kelley and Robert F. Turner.

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.

The Supreme Court held in Hamdan v. Rumsfeld last summer that all detainees captured in the war on terrorism are protected by Common Article 3 of the 1949 Geneva Conventions, which prescribes minimum standards of treatment for all persons who are no longer taking an active part in an armed conflict not of an international character. It provides that "in all circumstances" detainees are to be "treated humanely."

This is not just about avoiding "torture." The article expressly prohibits "at any time and in any place whatsoever" any acts of "violence to life and person" or "outrages upon personal dignity, in particular, humiliating and degrading treatment."

Last Friday, the White House issued an executive order attempting to "interpret" Common Article 3 with respect to a controversial CIA interrogation program...