Statement Re: ‘Extraordinary Rendition’ Provisions of HR. 10

September 30, 2004 — The American Bar Association objects strongly to the inclusion of provisions authorizing “extraordinary rendition” in the House leadership’s bill that purports to implement the 9/11 Commission recommendations. These provisions would permit secretly transferring terrorist suspects to foreign countries known to use torture in interrogating prisoners. Extraordinary rendition not only violates all basic humanitarian and human rights standards, but violates U.S. treaty obligations which make clear that the U.S. government cannot avoid its obligations under international law by having other nations conduct unlawful interrogations in its stead. This practice not only violates our own cherished principles as a nation but also works to undermine our moral leadership in the eyes of the rest of the world.

Rejecting extraordinary rendition will demonstrate our respect for the rule of law and help protect American troops who may be detained by adversaries who may be disinclined to honor international obligations in light of the U.S. government’s failure to honor its own.