September 25, 2006
Dear Minister Curley:
Thank you for writing to me about the War Crimes Act. I
welcome the opportunity to respond.
In the wake of the Supreme Court's decision in Hamdan v.
Rumsfeld, the Senate Committee on the Judiciary has already held one
hearing on the War Crimes Act, and may hold others as well. The War
Crimes Act has never been used to prosecute war crimes, and so much
about its meaning and parameters remains unclear. Nevertheless, I will
keep your thoughts in mind as this issue progresses.
We have an obligation as a constitutional democracy to engage
in a serious dialogue about difficult issues like protection of an
individual's due process rights, while doing everything in our power to
protect our national security. I am also aware that this issue extends
beyond the Administration's immediate desire to prosecute al-Qaeda
detainees for war crimes, and reaches into the subject of ensuring
reciprocal treatment and the safety of our military and government
personnel in the field.
I firmly believe that detaining and interrogating enemy
combatants is a justified and necessary part of war. How we find a
proper balance is not an easy question to answer. Nevertheless, the
treatment of detainees must be conducted under the rule of law and
subject to the checks and balances upon which our government is built.
I
will keep your thoughts in mind as the Senate reviews legislation
regarding the treatment of detainees or proposed changes to the War
Crimes Act.
Again, thank you for writing. If you have any further comments
on this issue, please contact my Washington, D.C. office at (202) 224-
3841. Best regards.
Sincerely yours,
Dianne Feinstein
United States Senator
http://feinstein.senate.gov Further information about my position on issues of concern to
California and the Nation are available at my website
http://feinstein.senate.gov. You can also receive electronic e-mail
updates by subscribing to my e-mail list at
http://feinstein.senate.gov/issue.html.