consistently with the principle of human treatment of all detainees.366 Nevertheless, ODIHR remains concerned about the possibility for abuse that some of the techniques authorized by the Manual entail, in particular in Appendix M367 which may result in practices amounting to torture or cruel, inhuman or degrading treatment or punishment. SCOPE OF THE PROHIBITION OF TORTURE AND ILL-TREATMENT 209. Following the 9/11 attacks, the Bush administration interpreted several existing provisions against torture and ill-treatment as non-applicable to alien enemy combatants held overseas, including Guantánamo detainees. A memorandum, dated early 2002, first concluded that the Geneva Conventions did not apply to the United States’ conflict with al Qaeda and that Common Article 3 did not apply to either the conflict with al Qaeda or with the Taliban. President Bush nonetheless committed to treating detainees humanely and, “to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of [the] Geneva [Conventions]”.368 210. Subsequent legal opinions stressed that the prohibition of cruel, inhuman or degrading treatment or punishment did not apply to aliens detained abroad,369 and that some of the previously authorized detention and interrogation techniques would not violate Article 16 of the CAT,370 the War Crimes Act, the DTA or the requirements of Common Article 3, even when used in combination.371 On 20 July 2007, following the Supreme Court’s 366 The United States specified, in particular, that the four-hour standard is not a daily limit, but rather a minimum standard. It is not intended to mandate 30 days of separation with only four hours of sleep per day, nor would it allow 40 continuous hours of interrogation with only 4 hours of sleep on either end. US comments to the draft report. 367 UN CAT, Concluding observations on the combined third to fifth periodic reports of the United States of America, op. cit., note 107, para. 17. 368 George W. Bush, “Memorandum: ‘Humane Treatment of Taliban and al Qaeda detainees’”, op. cit., note 12, paras. 2(a), 2(c), 3. 369 See, for instance, United States Principal Deputy Assistant Attorney General Stephen G. Bradbury, “Memorandum for John A. Rizzo, Senior Deputy Counsel, Central Intelligence Agency, ‘Application of United States Obligations Under Article 16 of the Convention Against Torture to Certain Techniques That May Be Used in the Interrogation of High Value al Qaeda Detainees’”, 30 May 2005, p. 2, <http://www2.gwu.edu/~nsarchiv/torture_archive/docs/Bradbury%20memo.pdf>: stating that “Article 16 [of the CAT] is inapplicable to the CIA’s interrogation practices” and that in light of US reservations to the CAT, “[t]here is a strong argument that (…) the Senate intended to limit the scope of United States obligations under Article 16 to those imposed by the relevant provisions of the Constitution. As construed by the courts, the Fifth Amendment does not apply to aliens outside the United States. (…) For these reasons, (…) the interrogation techniques where and as used by the CIA are not subject to, and therefore do not violate, Article 16.” 370 Ibid., pp. 39-40. 371 See, for instance, United States Principal Deputy Assistant Attorney General Steven G. Bradbury, "Memorandum for John A. Rizzo, Acting General Counsel, Central Intelligence Agency, ‘Application of the War Crimes Act, the Detainee Treatment Act, and Common Article 3 of the Geneva Conventions to Certain Techniques That May Be Used by the CIA in the Interrogation of High Value al Qaeda Detainees’”, 20 July 2007, pp. 3-4, <http://www.justice.gov/sites/default/files/olc/legacy/2009/08/24/memo-warcrimesact.pdf>. The Office of Legal Counsel had previously concluded that the same techniques did not violate the Torture Convention Implementation Act. See, for instance, United States Principal Deputy Assistant Attorney General Steven G. Bradbury, “Memorandum for John A. Rizzo, Senior Deputy General Counsel, Central Intelligence Agency, ‘Application of 18 U.S.C. §§ 2340-2340A to the Combined Use of Certain Techniques in the Interrogation of High Value al Qaeda Detainees’”, No. 12, 10 May 2005, <http://www.justice.gov/sites/default/files/olc/legacy/2013/10/21/memo-bradbury2005-2.pdf>; United States Principal Deputy Assistant Attorney General Steven G. Bradbury, “Memorandum to John A. Rizzo, Senior Deputy General Counsel, Central Intelligence Agency, ‘Application of 18 U.S.C. §§ 2340-2340A to Certain Techniques That May Be Used in the Interrogation of a High Value al Qaeda Detainee’”, 10 May 2005, No. 13, <http://www.justice.gov/sites/default/files/olc/legacy/2013/10/21/memo-bradbury2005-3.pdf>. 88