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Action

Apply the principles of the Law of Land Warfare.

Conditions

In a classroom environment, given instruction.

Standards

Apply the principles of the Law of Land Warfare as demonstrated by understanding customary and treaty law as it applies to the conduct of Land Warfare.

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Safety:

No major considerations.

Risk Assessment:

Low.

Environmental:

No major considerations.

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The Hague and Geneva Conventions and the customary Law of War require that we, as American Soldiers:

Will treat prisoners of war, other captured and detained personnel, and civilians humanely. Will not obey an order whose execution is a crime in violation of the Law of War. Are personally responsible for unlawful acts committed by ourselves. Are entitled to humane treatment if we are captured or detained by the enemy.

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The Hague and Geneva Conventions The customary Law of War The UCMJ International treaties Congressional statutes Our Constitution

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Unwritten laws and rules governing the conduct of war. Firmly based on the lessons of history. Military force accomplishes its mission without causing unnecessary suffering or destruction. The general purpose of these rules is to limit suffering and destruction to military personnel and targets, and to provide humane treatment for all persons who are taken out of the fight.

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Any commander can accomplish his mission without violating the Law of War that the United States and most other nations consider themselves bound by it.

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Nations have also adopted specific rules concerning the treatment of all persons who fall into the hands of a military force. Humane treatment of captured enemy Soldiers. The United States has solemnly pledged to honor and self-respect; we must fulfill that pledge.

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Food and housing. Medical care. Religious freedom. Personal property. Other privileges.

Officers.

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Interrogation. Observance of camp regulations. Work. Article 41 of the Convention on Prisoners of War.

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We cannot harm or kill anyone who, in the language of the Convention, has "fallen into enemy hands." Murder or physical abuse never is, has been, or will be humane treatment. Once a person is under our control, we must treat him/her humanely.

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All captured persons are entitled to be treated as prisoners of war until their status is determined. The civilian population of the country in conflict is entitled to respect for their persons, their honor, their family rights, their religious convictions and practices, and their manners and customs. They must be protected especially against all acts or threats of violence and against insults and public curiosity.

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Women should be especially protected against any attack on their honor, in particular against enforced prostitution, rape, or any other form of sexual assault. All persons are to be treated with consideration and without any adverse distinction based on race, religion, or political opinion.

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No person can be subject to medical or scientific experiments. They may not be made the object of collective penalties or reprisals, or held as hostages. Their property must be protected from pillage or looting. Members of the civilian population cannot be brutalized or executed.

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It is the intent of the United States to follow the Geneva Convention of 1949 regardless of whether or not the treaty is binding upon or followed by the enemy nation. We set our own standards of humanitarian consideration for the welfare of others.

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Suppose you capture a wounded and hungry enemy Soldier who you think knows the location of enemy units in the area. Can you deny him food and medical treatment until he tells you what you want?

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Safety & well being of detainees FM 3-19.40

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GPW & GC Article 3. In the case of armed conflict, [p]ersons taking no active part
in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, .

GPW Art. 5. Should any doubt arise as to whether persons, having committed a
belligerent act and having fallen into the hands of the enemy, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.

GPW Art. 13. Prisoners of war must at all times be humanely treated. An unlawful act
or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the present Convention.Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity...

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GPW Art. 19. Prisoners of war shall be evacuated, as soon as possible after their
capture, to camps situated in an area far enough from the combat zone for them to be out of danger. Only those prisoners of war who, owing to wounds or sickness, would run greater risks by being evacuated than by remaining where they are, may be temporarily kept back in a danger zone. Prisoners of war shall not be unnecessarily exposed to danger while awaiting evacuation from a fighting zone.

GC Art. 31. No physical or moral coercion shall be exercised against protected persons,
in particular to obtain information from them or from third parties.

GC Art. 83. The Detaining Power shall not set up places of internment in areas
particularly exposed to the dangers of war.

AP I, Art. 5. In so far as they are affected by a situation referred to in Article 1 of this

Protocol, persons who are in the power of a Party to the conflict and do not benefit from more favorable treatment under the Conventions or under this Protocol shall be treated humanely in all circumstances and shall enjoy, as a minimum, the protection provided by this Article.

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CUSTOMARY INTERNATIONAL LAW STANDARD REFLECTED IN GENEVA COMMON ARTICLE 3 DO THIS:

RESPECT: Do No Harm PROTECT: Intervene to Protect from Harm Respect for their persons Honor Family rights Religious convictions and practices Manners and customs

Baseline Standard of Treatment

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Grave Law of War breaches

DO NOT DO THIS:
Torture All violence to life and limb Taking hostages Degrading/humiliating treatment Punishment without fair and regular trials Failure to care for and protect wounded/sick

Baseline Standard of Treatment

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What guidance have you been given?

NCA Guidance Host Nation Laws ICRC

Doctrine

Humane Treatment
Articles of GPW & GC

Executive & Comman d Guidance

US Law

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Executive Order, Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism, 13 Nov 01: it is not practicable to applythe principles of law and the rules of evidence generally recognized in the trial of criminal cases . Presidential Memorandum, Humane Treatment of al Qaeda and Taliban Detainees, 7 Feb 02: none of the provisions of Geneva apply to our conflict with al Qaeda in Afghanistan or elsewhere . common Article 3 of Geneva does not apply to either al Qaeda or Taliban detainees . Taliban detainees are unlawful combatants and do not qualify as prisoners of war under Article 4 of Geneva. al Qaeda detainees also do not qualify as prisoners of war. treat detainees humanely, including those who are not legally entitled to such treatment. As a matter of policy, treat detainees humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of Geneva.

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First and foremost, the US Law of War Policy directs that all the Armed Forces of the United States shall comply with the law of armed conflict during all armed conflicts; however, such ADJUST COMMANDER's conflicts are characterized CCIR and, unless otherwise VISUALIZATION DECIDE directed by competent ORIENT authorities, shall comply FFIR EEFI PIR CDR SITUATIONAL UNDERwith the principles and UNDERSTANDING STANDING COLLECT/PROTECT spirit of the law of war RELEVANT JUDGMENT INFORMATION COMMON KNOWLEDGE OPERATIONAL during all other ACT PICTURE COGNITION operations. INFOSYS
INFORMATION

(JP 3-63 FD)

UNIT ACTION

COMBAT INFORMATION

OBSERVE
PROCESSING DATA

COLLECTORS

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Does humane treatment outweigh the mission ? All persons detained by US Armed Forces during the course of military operations shall be given humanitarian care and treatment from the moment they fall into the hands of US forces until release...There is no military necessity exception to this humane treatment mandate. neither the stress of combat operations, the need for actionable information, nor the provocations by captured/detained personnel justify deviation from this obligation. (JP 3-63 FD)

Mission Treatment
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Capturing units conduct tactical questioning for combat information relative to the commanders critical information requirements (CCIR). However, the need to obtain information to satisfy these requirements is never a justification to deviate from the obligation to treat detainees humanely. (JP 3-63 FD)

Potential effects
Inhumane More Treatment Humane Actionable Intelligence

Challenge

?
Less Time

Operational Necessity (CCIR) Tactical Operational Strategic How can credible information be obtained in timely and humane manner ?
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1 Aug 02: OLC, DoJ Summary of Opinion on Interrogation Methods Used During

War on Terrorism, : Under 18 U.S.C. 2340, to constitute torture an act must be specifically intended to inflict severe physical or mental pain or suffering, defining severe mental pain or suffering as prolonged mental harm. so long as the interrogation methods do not violate 2340, they also do not violate our international obligations under the Torture Convention.

2 Dec 02: SECDEF authorizes certain strengthened counter-interrogation

techniques

15 Jan 03: SECDEF rescinds Dec 02 policy; authorizes interrogation technique

standards IAW AR 34-52

16 Apr 03: SECDEF promulgates list of 24 techniques approved for GTMO only. 16

new, more aggressive interrogation techniques for use on unlawful combatants at Guantanamo (in addition to 17 methods found in FM 34-52); ultimately reduced to 24 techniques on 16 Apr 03.

Jul-Sep 03. GTMO interrogation techniques improperly introduced to Iraq detention

operations.

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Authorized Techniques:

Direct Questioning Incentive/Removal of Incentive Emotional Love Emotional Hate Fear Up Fear Down Pride and Ego (Up/Down) Multiple Interrogators Futility We Know All File and Dossier Establish Your Identity Repetition Rapid Fire Silence

How much initiative?

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Unauthorized / Illegal Techniques: Unauthorized

Illegal

Isolation Punishment Sleep Management Sensory Deprivation Change of Scenery Denial of nutrition/care Stress positions False Flag

Violence or harm of any kind (actual or threatened) Degrading Behavior Bodily injury Use of Dogs Reprisals of any kind Sexual attack: rape, forced prostitution, indecent assault Nakedness Hostage taking

Who authorizes the techniques?

NOTE: Lists are not all inclusive
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Battle Space vs. Proponency: Military Police shall escort the detainee to the JIDC, which is located in close proximity to the internment facility. Depending on security concerns and force manning levels, the HUMINT collectors and CI agents may request that the MP remain to guard the detainee, or he may release the MP until the detainee needs to be returned to the living area. The only purpose for an MP in the HCA is for custody and control. MP shall not be involved in the interrogation process nor set conditions for interrogations. (JP 3-63 FD)
What information can be shared?
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Military Police do NOT set the conditions for interrogation practices. MI HUMINT collectors will NOT ask MP to soften up detainees before or after an interrogation session. MPs will not place detainees in any disadvantageous situation with the intention of softening them up for interrogation. MP or MI personnel will report any and all alleged violations of the law of armed conflict committed by US or coalition/allied personnel or by other persons.

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Both MP and MI personnel operating within a collection area, holding area or a strategic internment facility are obligated to protect detainees against all acts of violence to include murder, rape, force prostitution, assault, theft, public curiosity, photographing, filming/videotaping for other than administrative purposes, bodily injury, placement of detainees in humiliating or embarrassing positions and reprisals of any kind.

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NOTE: While MP personnel can generally not be present in the actual interrogation room while an interrogation is being conducted, interrogation facilities should be designed in such a manner that MP personnel can VISUALLY monitor interrogation sessions to respond in the event that a detainee becomes overly aggressive, needs medical attention, etc. This can be accomplished through the use of Closed Circuit Television (CCTV) equipment or the use of one-way mirror glass. Additionally, MP personnel should immediately terminate any interrogation in which U.S. Policy or other rules and regulations pertaining to the humane treatment of detainees are violated. All such violations must be reported through the appropriate channels.
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ROE

Criminal Investigation Task Force

Access

Special OPS

Custody

How do we support ?
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How do we monitor Interagency involvement ?

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How will you work with the ICRC?

US Law UCMJ NCA Guidance

GC

Humane Treatment
Host Nation Law

Culture

GPW

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Ensure that all Soldiers are conducting their assigned duties IAW local SOP. Directly responsible for briefing the Geneva Convention Articles that apply at guard mount. Provides first line of oversight and authority level over the guard force. Briefs the NCOIC on any issues with guard force or the facility.

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Directly responsible for ensuring that the SOG is capable and knowledgeable to conduct their duties. Provides assistance to SOG and guard force as needed. Conducts periodic checks on Soldiers knowledge of the Geneva Convention Articles that apply . Briefs the OIC on any issues reported by the SOG.

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Responsible for mitigating and finding solutions to potential problems pertaining to both the facility and the guard force. Conducts periodic checks on Soldiers knowledge of the Geneva Convention Articles that apply. Overall responsible for the humane treatment of all detainees in their AOR. Briefs the TIF CDR on any issues reported by the NCOIC.

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Law of Land Warfare Humane Treatment Roles and Responsibilities

Command Guidance MP Roles

Interrogations

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