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DOS Memo re: Transfer and Repatriation of Guantanamo Bay Detainees

Mar. 31, 2002 | DOS | ACLU-RDI 3959
This State Department memo addresses the issue of transferring and repatriating the Guantanamo detainees against the requirements of the Geneva Convention. The memo highlights the Geneva Convention provision which states, in part, "POWs shall be released and repatriated without delay after the cessation of active hostilities." and concludes "The US currently has no duty to repatriate the detainees because they are unlawful combatants, as opposed to POWs, and because hostilities are ongoing."
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RECEIVING AGENCIES: