Detainee Ops

I-1. The purpose of this appendix is to provide some planning considerations for conducting detainee operations and to provide information to assist the capturing unit in the field processing of detainees.

GENERAL

I-2. While local government officials will detain certain individuals because of suspected criminal activity or for security purposes, there will be times, when U.S, forces will capture and detain individuals who may pose a threat to US personnel and interests. The act of capturing a detainee is only the first step in a lengthy and highly sensitive process.

I-3. Detainee is a term used to refer to any person captured or otherwise detained by an armed force (JP 1-02). AR 190-8, FM 3-19.40, and, international law (including the law of war and the Geneva Conventions) address policy, procedures, and responsibilities for the administration, treatment, protection, security, and transfer of custody of detainees. These publications provide other planning factors and the regulatory and legal requirements concerning detainees.

I-4. Detaining personnel carries with it the responsibility to guard, protect, and account for them. All persons captured, detained, interned, or otherwise held in US armed forces custody are given humane care and treatment from the moment they fall into the hands of US forces until final release or repatriation. The inhumane treatment of detainees is prohibited and is not justified by the stress of combat or by deep provocation. Inhumane treatment is a serious and punishable violation under the Uniform Code of Military Justice and international law.

I-5. The two Geneva Conventions most likely to be employed in detainee operations are the Geneva Convention Relative to the Treatment of Prisoner of War, 12 August 1949 (GPW), and Geneva Convention Relative to the Protection of Civilian Person in Time of War, 12 August 1949 (GC). Most detainees will usually be civilians, and a very few will qualify as EPW.