White House officials were concerned that they and other U.S. officials could be prosecuted under the War Crimes Act for the U.S. treatment of detainees after the September 11 attacks for violations of the Geneva Conventions . In a January 2002 memorandum to the president , then-White House Counsel Alberto Gonzales authored a controversial memo that explored whether Common Article 3 of the Geneva Conventions applied to Al Qaeda and Taliban combatants captured during the war in Afghanistan and held in detention facilities around the world , including Camp X-Ray in Guantanamo Bay , Cuba . The memo made several arguments both for and against providing Common Article 3 's protections to Al Qaeda and Taliban combatants . He concluded that Common Article 3 was outdated and ill-suited for dealing with captured Al Qaeda and Taliban combatants . He described as " quaint " the provisions that require providing captured Al Qaeda and Taliban combatants " commissary privileges , scrip , athletic uniforms , and scientific instruments " . He also argued that existing military regulations and instructions from the President were more than adequate to ensure that the principles of the Geneva Conventions would be applied . He also argued that undefined language in the Geneva Conventions , such as " outrages upon personal dignity " and " inhuman treatment " , could make officials and military leaders subject to the War Crimes Act of 1996 if mistreatment was discovered
September 11 attacks
September 11 attacks
War Crimes Act of 1996