Extraordinary Rendition - Obama Executive Order On Rendition

Obama Executive Order On Rendition

Two days after President Barack Obama was sworn into office, on 22 January 2009, he signed an executive order entitled "Ensuring Lawful Interrogations". This order specifically addresses the practice of transferring individuals to other nations in order to ensure that such practices comply with the domestic laws, international obligations, and policies of the United States. It establishes a committee that will provide recommendations within 180 days of the executive order. It specifically has as its goal a process to ensure that the United States practices do not result in the transfer of individuals to other nations to face torture or otherwise for the purpose, or with the effect, of undermining or circumventing the commitments or obligations of the United States to ensure the humane treatment of individuals in its custody or control.

Overall, the executive order calls for more oversight of interrogation by third parties, but does not end extraordinary rendition. The section of the Executive Order relating to extraordinary rendition provides as follows:

• (e) Mission. The mission of the Special Task Force shall be:
  • (i) to study and evaluate whether the interrogation practices and techniques in Army Field Manual 2 22.3, when employed by departments or agencies outside the military, provide an appropriate means of acquiring the intelligence necessary to protect the Nation, and, if warranted, to recommend any additional or different guidance for other departments or agencies; and
  • (ii) to study and evaluate the practices of transferring individuals to other nations in order to ensure that such practices comply with the domestic laws, international obligations, and policies of the United States and do not result in the transfer of individuals to other nations to face torture or otherwise for the purpose, or with the effect, of undermining or circumventing the commitments or obligations of the United States to ensure the humane treatment of individuals in its custody or control.

• (f) Administration. The Special Task Force shall be established for administrative purposes within the Department of Justice and the Department of Justice shall, to the extent permitted by law and subject to the availability of appropriations, provide administrative support and funding for the Special Task Force.

• (g) Recommendations. The Special Task Force shall provide a report to the President, through the Assistant to the President for National Security Affairs and the Counsel to the President, on the matters set forth in subsection (d) within 180 days of the date of this order, unless the Chair determines that an extension is necessary.

• (h) Termination. The Chair shall terminate the Special Task Force upon the completion of its duties.

On 2 November 2009 the Second Circuit Court of Appeals ruled that victims of extraordinary rendition cannot sue Washington for torture suffered overseas, because Congress has not authorized such lawsuits, in ruling on Canadian citizen Maher Arar’s case. On 15 September 2010 PolitiFact.com wrote about the Obama administration's record on renditions:

The administration has announced new procedural safeguards concerning individuals who are sent to foreign countries. President Obama also promised to shut down the CIA-run "black sites," and there seems to be anecdotal evidence that extreme renditions are not happening, at least not as much as they did during the Bush administration. Still, human rights groups say that these safeguards are inadequate and that the DOJ Task Force recommendations still allow the U.S. to send individuals to foreign countries.