John Yoo

Nonetheless, Article 5 makes clear that if an Iraqi civilian who is not a member of the armed forces, has engaged in attacks on Coalition forces, the Geneva Convention permits the use of more coercive interrogation approaches to prevent future attacks.

Human-rights advocates, for example, claim that the mistreatment of Iraqi prisoners is of a piece with President Bush's 2002 decision to deny al Qaeda and Taliban fighters the legal status of prisoners of war under the Geneva Conventions.

Had the United States and the United Kingdom gone on alone to capture Baghdad, under the provisions of the Geneva and Hague conventions we would have been considered occupying powers and therefore would have been responsible for all the costs of maintaining or restoring government, education and other services for the people of Iraq.