Powell Opposes Efforts to 'Redefine' Geneva Provision

However, a group of retired senior military officers and former Defense Department officials said in a letter to Warner Tuesday that Bush's bill "would limit our definition of Common Article 3's terms by introducing a flexible, sliding scale that might allow certain coercive interrogation techniques under some circumstances, while forbidding them under others." This would "only create further confusion," would be viewed abroad as a renunciation of the Geneva Conventions' "clear strictures" and would encourage enemies "to interpret the conventions in their own way as well, placing our troops in jeopardy in future conflicts."

According to a comparison prepared by McCain's office, both the administration's bill and the three senators' alternative amend the War Crimes Act by listing serious violations of Common Article 3 that would be subject to prosecution. However, the White House bill "does not specifically address, and therefore excludes, 'outrages upon personal dignity, in particular humiliating and degrading treatment,' as a violation of the War Crimes Act," the document says, referring to a key prohibition in Article 3.

Common Article 3 also forbids "violence to life and person," murder, mutilation, cruel treatment and torture, as well as the taking of hostages.

Under a Defense Department policy directive issued last week, "all detainees," regardless of their legal status, must be treated humanely as required by Common Article 3 and U.S. law. The directive and a new Army Field Manual, which spells out acceptable interrogation techniques, apply to detainees held by the U.S. military, but not to those in the custody of the CIA.

In addition, an annex of the new Pentagon policy document further regulates the treatment of detainees by stipulating that all those in U.S. military custody will receive adequate food, water, shelter, clothing and medical treatment. The annex grants them "free exercise of religion" consistent with detention requirements, and protects them "against threats or acts of violence including rape, forced prostitution, assault and theft, public curiosity, bodily injury and reprisals."

According to the directive, detainees also "will not be subjected to medical or scientific experiments" and "will not be subjected to sensory deprivation."

Staff writer Jonathan Weisman contributed to this report.