Examples of ERP in a sentence
While the nature and extent of their involvement remains unknown, it appears that foreign intelligence officials have been present during interrogations in CIA secret prisons, and have themselves questioned prisoners in the ERP, as they have in Guantanamo.
Particular complexity surrounds the legal responsibility of states for the receipt of intelligence information obtained from other states, including from the ERP.
Second, as regards the few individuals to whom IHL may in principle be relevant, no lawful basis for ERP can be found in the letter or spirit of IHL.
The law of war, and not [human rights law], is the applicable legal framework governing these detentions.’110 As set out in Chap- ter 6, the Obama administration also continues to assume that the US is engaged in a non-international armed conflict against al Qaeda, and to question the relevance of the human rights framework in this context.111 The applicability of IHL to the issue of ERP should be treated with particular reserve.
Moreover, aspects of the ERP could amount to grave breaches of the 1949 Geneva Conventions,131 in which case states are obliged to ‘search for all persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts.’132 Military and civilian superiors are also obliged to punish subordinates for crimes they know or have reason to know the subordinates have committed in the past.