The Attorney-General fired a warning shot across the bows of the US government last weekend, making it clear to an audience of international lawyers that he opposed controversial plans to amend part of the Geneva Conventions.


The Bush administration has run into a political storm after proposing legislation to 'clarify' common article 3 of the conventions, which covers the treatment of suspects.



Following a Supreme Court ruling that the US must conduct itself under article 3, the US government said the prohibition on 'outrages upon personal dignity, in particular, humiliating and degrading treatment' is a phrase that is susceptible to 'uncertain and unpredictable interpretation and application'. President Bush denied last week that the goal was to allow torture and coerced evidence; instead it was to clarify the US's obligations, he said.



Lord Goldsmith told a rule of law symposium in Chicago that he must choose his words carefully, but said: 'Common article 3 is an international standard of very considerable importance and its content must be the same for all nations.' Asked from the floor whether it is too vague, he replied: 'Defining what is required is not something we have found necessary to do.'



His remarks were loudly applauded by delegates at the meeting, which was organised jointly by the International Bar Association (IBA) and American Bar Association.



There was implied criticism of the attempt to deny the US courts jurisdiction over Guantanamo Bay detention cases. Lord Goldsmith said: 'We in the UK have had to grapple with the problem of the extent of judicial control over domestic executive action. We have accepted that the courts have the right to review and control.'



The Attorney-General renewed his attack on Guantanamo Bay. 'It is unacceptable and it is time that it should be closed down,' he said. 'It has become a symbol of injustice, a recruiting agent for terrorists.'



Giving the keynote address, former Irish president Mary Robinson called on the White House to back down over article 3, saying the negative reaction - including from leading Republican senators - indicated that 'the mistakes of the last five years are beginning to be recognised'.



Elsewhere in his speech, Lord Goldsmith robustly defended the UK government's response to the terror threat. While acknowledging that mistakes have been made, he insisted that adhering to the rule of law - and ensuring the courts have 'the right to review not only the action taken but the basis on which it has been taken' - was one of the government's guiding principles.



Lord Goldsmith had concerns over the phrase 'the war on terror'. He said: 'It is important to keep clearly in mind that we are dealing with very serious threats, but they are threats of international criminal activity and should be dealt with accordingly.'



Neil Rose