Reading Room Document

Standards of Conduct for Interrogation under 18 U.S.C. §§ 2340–2340A

This opinion, colloquially known as one of the "torture memos" and subsequently rescinded, evaluates the United States' interrogation practices abroad against the standards set forth by the Torture Convention, as implemented by 18 U.S.C. §§ 2340–2340A. The opinion concludes that § 2340A only prohibits acts inflicting severe pain or suffering at an extreme level. The opinion further concludes that certain acts may be cruel, inhuman, or degrading, but still not produce pain and suffering of the requisite intensity to fall within Section 2340A; even if certain interrogation methods violate the statute, necessity or self-defense could provide legal justifications. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at https://justice.gov/olc/file/886061/download.

August 1, 2002