DOD Questionnaire: Questions for Soldiers on Detainee Treatment and Rules of Engagement

DoD Questionnaire: Questions for soldiers concerning their observations and experience in dealing with detainees, training before deployment and Rules of Engagement. The questionnaire appears to be in response to the accusations of detainee abuse and an effort to elicit information on the matter.

Doc_type: 
Interview
Doc_date: 
Wednesday, March 24, 2004
Doc_rel_date: 
Friday, July 29, 2005
Doc_text: 

SOLDIER (Point of Capture) SENSING SESSION QUESTIONS
Rank BranchhState/Component How Long in DJaoteb2 /413e-
Unit
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Interviewer
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Did you undergo Law of War training prior to deployment? Explain what training occurred. Did this training include the treatment of Detainees? Explain. (1.1, 1 .2,
1.
(AR 350-1 para 4-14c.(2) and table G-1 Refresher training, dated 9 April 2003), Level B

1.4, 4. 1)
training is conducted in units for officers, warrant officers, NCOs and enlisted personnel commensurate with the missions of the unit. AR 190-8 para 1-5(4)(C DOD Directive 5100.77), All prisoners will receive humane treatment and that the following acts are prohibited murder, torture, corporal punishment; mutilation, taking of hostages, sensory deprivation, collective punishments, execution without trial by proper authority, and all cruel and degrading treatment. Prisoners will be protected. against all acts of violence to include public curiosity. (DoD Directive 5100.77, para 5.5.1, The Secretaries of the Military Departments shall provide directives, publications, instructions, and training so that the principles and rules of law of war will be known to members of their respective Departments, the extent of such knowledge to be commensurate with each individual's duties and
responsibilities.) G 7 4t..1
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2. Describe the training/guidance you received to prepare you for handling/guarding the detainees. Does your unit conduct sustainment training for Detainee Operations' in Theater? How often does this occur and please describe it? When did your unit
(FM 3-19.40, para 2-49 The guard force should
last conduct this training? (/. 1 , 1 .2, 1 .4, 4.1)
receive additional training in— Riot control measures, control agents, and dispersers. • QRF actions.

• Searching techniques, including the use of electronic detection devices. • Nonlethal equipment and weapons. (DoD Directive 5100.77, para 5.5.1, The Secretaries of the Military Departments shall provide directives, publications, instructions, and training so that the principles and rules of law of war will be known to members of their respective Departments, the extent of such knowledge to be commensurate with each individual's duties and responsibilities.) ROE from CJCS ISO Iraqi operations dated 251600Z Apr 03 para 10 (U) All commanders will ensure their personnel are familiar
with the law of armed conflict and with these ROE." There is no yequirem7t for sustainynent traIng
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3. What Home Station/Mob Site Training did your unit conduct prior to deployment to help your unit prepare for Detainee Operations? Describe it. (5Ss & T) How did the training prepare you to conduct Detainee Operations for this deployment? What are your unit's strengths and weaknesses? How did this training distinguish between the different categories of Detainees (EPWs, RPs, Cls, etc.)? What training have you received to ensure your knowledge of DO is JAW the provisions under the Geneva Convention? (1.1, 1.2, 1.4, 4.1) AR 350-1, paragraph 4-14, a. Soldiers and leaders
require law of war training throughout their military careers commensurate with their duties and
responsibilities. Prescribed subject matter for training at the following levels is specified in paras 4—
14b-d of this regulation. (1) Level A training is conducted during IET for all enlisted personnel and
during basic courses of instruction for all warrant officers and officers.

(2)
Level B training is conducted in units for officers, warrant officers, NCOs and enlisted personnel
commensurate with the missions of the unit. (3) Level C training is conducted in TASS.

b.
Level A training provides the minimum knowledge required for all members of the Army. The following basic Law of war rules (referred to as "The Soldier's Rules," which stresses the importance of compliance with the law of war) will be taught during level A training: (1) Soldiers fight only enemy combatants. (2) Soldiers do not harm enemies who surrender. They disarm them and turn them over to their superior. (3) Soldiers do not kill or torture enemy prisoners of war. (4) Soldiers collect and care for the wounded, whether friend or foe. (5) Soldiers do not attack medical personnel, facilities, or equipment. (6) Soldiers destroy no more than the mission requires. (7) Soldiers treat civilians humanely. (8) Soldiers do not steal. Soldiers respect private property and possessions. (9) Soldiers should do their best to prevent violations of the law of war. (10) Soldiers report all violations of the law of war to their superior.

c.
Unit commanders will plan and execute level B law-of-war training based on the following: (1) Training should reinforce the principles set forth in The Soldier's Rules. (2) Training will be designed around current missions and contingency plans (including anticipated geographical areas of deployment or rules of engagement). (3) Training Will be integrated into unit training activities, field training exercises and unit external evaluations. Maximum combat realism will be applied to tactical exercises consistent with good safety practices.

4. Describe the training you received during Basic Training in handling/processing Detainees. How was it helpful in preparing you for Detainee. Operations? How would you improve the training at the schoolhouse? (1.1, 1.4) AR 350-1, paragraph 4-14a(1) a. Soldiers and leaders require law of war training throughout their military careers
commensurate with their duties and responsibilities. Prescribed subject matter for training at the following levels is specified in paras 4-14b-d of this regulation. Level A training is conducted during lET for all enlisted personnel and during basic courses of instruction for all warrant officers and officers.
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5. How does your unit train on the established Rules of Engagement (ROE)? How .often does this occur? Does this training include Rules of Interaction (R01)? What about Standards of Conduct? (How can you interact with the detainees)? What guidance or policies have you been trained/briefed on to ensure you understand interaction/ fraternization and that it is not taking place between U.S.military personnel and the detainees? (1.4, 4.1) ROE from CJCS ISO Iraqi operations dated 251600Z
Apr 03 para . 10 (U) All commanders will ensure their personnel are familiar with the law of armed conflict and with these ROE." AR 190-8, paragraph 3-6 a, The following acts will not be permitted: (1) Fraternization between EPW, RP and U.S. military or civilian personnel. Fraternization is defined as improper or intimate communications or actions between U.S. Armed Forces personnel and
EWP/ P)
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6. What procedures has your leadership developed to ensure you understand•the use of force and the rules of engagement? (1.1, 1.2, 1 .4, 1.6, 4.1) AR 350-1 Law of War, ROE from CJCS ISO Iraqi operations dated 251600Z Apr 03 para 10 (U) All commanders will ensure their personnel are familiar with the law of armed conflict and with these ROE, FM 3-19.40, paragraph 2-29, An MP commander ensures that soldiers understand use-of-force guidelines and the ROE established by higher headquarters for each mission. Because the use of force and ROE vary depending on the category of housed personnel and the-operational environment, the commander develops SOPs that follow the guidance provided. He balances the physical security of force with mission accomplishment and the protection of deployed forces. ROE from CJCS ISO Iraqi operations
dated 251600Z Apr 03 para 10 (U) All commanders will ensure their personnel are familiar with the law of armed conflict pnd with these ROE."
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7. How is your unit ensuring that all Detainees are protected, safeguarded, and accounted for JAW the 5Ss & T? (1 .1, 1.2, 4.1) AR 190-8, paragraph 1-5 a-g, (All persons detained, captured, interned, or otherwise held in U S Armed Forces custody during the course of
conflict will be given humanitarian care and treatment from the moment they fall into the hands of U S forces until final release and repatriation. All persons taken into custody by U S forces will be provided with the protection of the GPW until some other legal status is determined by competent authority.) AR 190-8, paragraph 4(b-c) The inhumane treatment of EPW, CI, RP is prohibited and is not justified by the stress of combat or with deep provocation. Inhumane treatment is a serious and
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punishable violation under international law and the Uniform Code of Military Justice (UCMJ). All prisoners will receive humane treatment without regard to race, nationality, religion, political opinion, _ sex, or ther criteria. Tllowing acts are prohibited: murder, torture, corporal punishment,
o he following sensory deprivation, collective punishments, execution without trial
n, the taking of hos

mutilatio cruel and derading treatment. All persons will be respected as human
g
be proper authority, and all acts of violence to include rape, forced prostitution, assaultbe They will be protected against all of any kind. They will not be subjected to and theft, insults, public curiosity, bodily injury, and reprisais from all
EPW/RP are tomedical or scientific experiments. This list is not exclusive.
,
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threats or acts of violence. _..• 1_ A.ILI .4.!/5-1-67 ,2,41-.....11L-ff -A
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What
(CPA Form, DD Form 2745)?
8. How do you tag detainees for processing equipment (DD Form 2745, DA
procedures do you go through? How do you tag

Form 27, DA Form 4137)? What
Form 4137)? What about evidence(DD 45
ence? What about confiscated
procedures do you use to process equipment/evidconfiscated personal affects (if
personal affects? Where do you store Detainees'

(AR 190-8, para 2-1, a. (1) (b) (c), All equipment, documents, and personal
any) (1 .1, 1.2, 1.8)
property confiscation during the search must be tagged and administratively accounted for by the o
Part C is attached to the property confiscated from the Detainee, s

. When
capturing unit. DD Form 2745, 3
that it may later be matched to that Detainee. FM 3-19.40 para -14. Property Accountabilityseparate from -
and
seizing property from a captive—* Bundle it or place it in a bag to keepntact property. *
nded
DA Form 4137 for confiscated and impou tive
other captives' possessions. *Prepare and the

Prepare a receipt for currency and negotiable instruments to be signed by the cap ve's account.
h capti' can be credited to eac
receiver. Use cash collection vouchers so that the value , buttreat them as
rsonal-
List currency and negotiable instruments on the captives peproperty list
impounded property. * Keep the original receipt with the property during evacuation. Give the

roperty. *Have MIof his p
the return*Retu
expedite m 2708.
captive a copy of the receipt, and tell him to keep it to rn confiscated property
on DD For
sign for property on DA Form 4137 and for captives igence value are forwarded
MI because of intell
to supply after it is cleared by MI teams. Items kept by moves to the next level of
through MI channels. 'Evacuate retained items with the captive when he

Maintain con trolled access to confiscated and impounded property.) Property seized
Use of the DA Form 4137
internment. * 190-8 6-3b will be documented on the DA Form 4237-R.
from a Cl AR
is not re s uired. 0- 2? S"— Gifr,---ef-‘ c -

s? (1.1 , 1.2,
9. What are the procedures for transporting and evacuating detain
Th
o units
Evacuation and care of EPW and RP
1 .5, 4.1) AR 190-8, paragraph 1-4g(5) ct prisoners from capturing units, and
a. Colle
designated to hold and evacuate EPW and RP will: b. Ensure sicevacuate the from the combat zone as soon as possible
their custody are classified, by qualified medical personnel, as either walking wounded or litter, or as
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non-walking wounded. Walking wounded or litter EPW will be evacuated through established
evacuation channel Non-walking wounded or sick EPW will be delivered to the nearest medical aid _ station and evacuated through medical channels All detained personnel will remain physically segregated from U. or civilian prisoners. Prisoners will not normally be interned in unhealthy areas, or where the. climate proves to be injurious to them, and will be removed as soon as possible to a more favorable climate. AR 190-47, paragraph 11-3(4)(a), Guard requirements for prisoners being transported outside an ACS facility, by means of foot, motor vehicle, or aircraft (other than AIREVAC
or U.S. Marshals Service aircraft) are as follows: (a) Trained correctional, military police or security personnel: Under maximum custody circumstances, there will be one guard per restrained prisoner and two unarmed guards or one armed guard per unrestrained prisoner. Under medium custody circumstances, there will be one guard per five prisoners. In minimum custody circumstances there will be one guard per ten prisoners. Trustee guards will be determined by the ACS facility Non-correctional personnel: It is required that at least one guard be a SGT or above
commander. (b)
who is equal or senior to prisoners in a pretrial status. Under maximum custody circumstances,
prisoners will have two guards per prisoner. In medium custody circumstances, prisoners will have
one guard per two prisoners, and in minimum custody circumstances there will be one guard per five
prisoners.
10.What transportation problems is the unit experiencing either to move troops or detainees during the operation? (1.5)
11.What is the ratio of guards to detainees? Is this ratio the proper mix for you to perform your mission? If not, what are the shortfalls? Why are their shortfalls? How
do these shortfalls impact your mission? (1.1, 1.2, 1.3, 2.1, 3.1, 4.1) FM 3-19.40, paragraphs 3-38 thru 3-39. . A brigade without an MP platoon in DS sets up and operates its own forward CPs The number of MP teams needed to operate a forward CP is based on the number of captives expected and METT-TC. The projected number of captives is based on mission analysis
and intelligence estimates conducted by the brigade Intelligence Officer (US Army) (S2). Division forward CPs are mobile; they can be set up, expanded, and relocated quickly as the tactical situation AR 190-47,paragrpah 11-3(4)(a), Guard requirements for prisoners being transported
warrants.
outside an ACS facility, by means of foot, motor vehicle, or aircraft•(other than AIREVAC or U.S.
Marshals Service aircraft) are as follows:
(a) Trained correctional, military police or security personnel: Under maximum custody circumstances, there will be one guard per restrained prisoner and two unarmed guards or one armed guard per unrestrained prisoner. Under medium custody circumstances, there will be one guard per five prisoners. In minimum custody circumstances there will be one guard per ten prisoners. Trustee
guards will be determined by the ACS facility commander.
(b) Non-correctional personnel: It is required that at least one guard be a SGT or above who is equal
or senior to prisoners in a pretrial status. Under maximum custody circumstances, prisoners will have(4.4a,
two guards per prisoner. In medium custody
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12.What equipment is the unit experiencing as a shortfall concerning detainee operations, (i.e., restraints, uni orms, CIF items, w apons, etc.)? (1.5 1414,6 21()
13. Describe the latrine facilities for Detainees' use (do they have access to it day and night and does it conform to the rules of hygiene and do females have separate facilities). How are they cleaned and how often and by whom? Where do they bathe and conduct other personal hygiene (this will depend how long it takes to evacuate Detainees to CO/BN? (1.1, 1.2, 1.8)AR 190-8 para 3-4.i.(1) paraphrased...EPWs
will have day/night access-to latrines that are clean. Females will have separate latrines. AR 190-8 para 6-6 4 paraphrased...All CI will pave access o day/nig t latrines that are sanitary.

Com) -.
14.How do the Detainees receive fresh water (Bottled water or Lister bag)? (1.1, 1.2, 1.8) AXI 190-8, paragraph 3-4 f (3) Suffipient drinking water will be supplies to EPW/RP.
01J-c 61/421/4.--1
15. Do you know of the procedures to get stress counseling (Psychiatrist, Chaplain, Medical)? (1.1, 1.2, 1.6, 2.1, 4.1) FM 3-19.40, paragraph 2-48: Personnel assigned or attached to UR facilities are trained on the care and control of housed personnel. They are fully cognizant of the provisions of the Geneva and UN Conventions and applicable regulations as
they apply to the treatment of housed personnel. A formal training program should include stress management techniques. FM 8-51, Appendix D, D-2 f (3): Combat stress control units should provide routine mental health consultation to EPW confinement facilities. This should include: stress control advice to the command regarding the stressors of US Army MP personnel and any allied or coalition personnel working at the confinement facility; individual evaluation and intervention for guards or prisoners when indicated. AR 190-8, Paragraph 1-5, (4) The inhumane treatment of EPW, CI, RP is prohibited and is not justified by the stress of combat or with deep provocation. Inhumane treatment
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is a serious and punishable violation'under international law and the Uniform Code of Military Justice (UCMJ).
16.Are you aware of your requirement to report abuse or suspected abuse of detainees? (1.1, 1.2, 4.1) AR 190-40 para 2-1, Military and civilian personnel assigned to or accompanying a DoD Component know that they shall report reportable incidents through their chain of command and that such reports also may also be made through other channels, such as the military police, a judge advocate, or an Inspector General.) AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for epiverse p blicity, or potential consequences of the incident. 44..rf.„6"-
17.Do you feel you can freely report an incident of alleged Detainee abuse outside Command channels (IG, CID) (1.1, 1.2, 1.6, 4.1) (AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, . including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander : determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C. Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander determines to be of concern to HQDA based on the nature, gravity; potential for adverse publicity, or potential consequences of the incident. AR 190-8, 5-1. General protection policy—civilian internee, a. Treatment. (1) No form of physical torture or moral coercion will be exercised against the Cl. This provision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their person, their honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated and protected against all acts of violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated with the same consideration and without adverse distinction based on race, religion, political opinion, sex, or age. AR 190-8, para e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HQDA
(DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)
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18. What procedures do you have to report suspected detainee abuse (IG, CID, Next Level Commander) (1.1, 1.2, 1.6, 4.1) (AR 190-40, Appendix B, Category 1 Reportable Serious Incidents, B-1. Actual or alleged incidents involving the following: b. War crimes, including mistreatment of enemy prisoners of war, violations of the Geneva Conventions, and atrocities. B-2. Any other incident the commander determines to be of immediate concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-40, Appendix C, Category 2, Reportable Serious Incidents, C-1. Actual or alleged incidents involving the following: g. Incidents involving prisoners or detainees of Army confinement or correctional facilities to include escape from confinement or custody, disturbances which require the use of force, wounding or serious injury to a prisoner, and all prisoner deaths. C-2. Any other incident that the commander
determines to be of concern to HQDA based on the nature, gravity, potential for adverse publicity, or potential consequences of the incident. AR 190-8,5-1. General protection policy=civilian internee ;
a. Treatment. (1) No form of physical torture or moral coercion will be exercised against the Cl. This provision does not constitute a prohibition against the use of minimum force necessary to effect compliance with measures authorized or directed by these regulations. (2) In all circumstances, the CI will be treated with respect for their person, their honor, their family rights, their religious convictions and practices, and their manners and customs. At all times the CI will be humanely treated and protected against all acts of violence or threats and insults and public curiosity. In all official cases they will be entitled to a fair and regular trial as prescribed by this regulation. (3) The CI will be especially protected against all acts of violence, insults, public curiosity, bodily injury, reprisals of any kind, sexual attack such as rape, forced prostitution, or any form of indecent assault. (4) The CI will be treated with the same consideration and without adverse distinction based on race, religion, political opinion, sex, or age. AR 190-8, para 6-9, e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR 190-40 will be used.)
19. What procedures are in place for detainees to report alleged abuse? (1.1, 1.2, 1.6, 4.1) AR 190-8, para 5-1, g. Appeals and periodic review of security internment cases. (1) Appeals. The CI who are interned for imperative security reasons will be accorded the right to appeal the order directing their internment. Such appeals will be decided with the least possible delay by a board of officers. Appeals will be decided only on the grounds of the existence or nonexistence of imperative security reasons requiring the internment of the protected person. 6-4. Internee Committee a. Election. At each camp and branch camp, CI will be elected by secret written ballot to
the Internee Committee. This committee is empowered to represent the camp to the protecting powers, International Committee of the Red Cross, or other authorized relief or aid organizations and
U.S. military authorities. e. Duties. (3) (c) The presentation and transmittal of petitions and complaints to the appropriate authorities in proportion to the kind of labor performed. 6-9. Complaints and requests to camp commanders and protecting power, a. Persons may make complaints or requests to the camp commander, who will try to resolve the complaints and answer the requests. If the CI are not satisfied with the way the commander handles a complaint or request, they may submit it in writing, through channels, to HQDA, ODCSOPS (DAMO - ODL) NPWIC, WASH DC 20310-0400. b. Persons exercising the right to complain to the protecting power about their treatment and camp may do so—(1) By mail. (2) In person to the visiting representatives of the protecting power. (3) Through their Internee Committee. c. Written complaints to the protecting
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power will be forwarded promptly through HQDA (DAMO - ODL) NPWIC, WASH DC 20310-0400. A separate letter with the comments of the camp commander will be included. Military endorsements will not be placed on any CI communications. d. If a protecting power communicates with a CI camp commander about any matter requiring an answer, the communication and commander's reply will be forwarded to HQDA (DAMO-ODL) NPWIC, WASH DC 20310-0400, for proper action. e. Any act or allegation of inhumane treatment or other violations of this regulation will be reported to HQDA (DAMO-ODL), WASH DC 20310-0400 as a Serious Incident Report. Reporting instructions in AR
190-40 will be used.
20. What do you perceive as the 'mission of your unit? Describe the importance of your role in that mission. (insight to the Soldier's understanding and attitude concerning
unit mission and their role) AR 600-20 Command Policy 2-1. Chain of Command a. The chain of command assists commanders at all levels to achieve their primary function of accomplishing the unit's assigned mission while caring for personnel and property in their charge. A simple and direct chain of command facilitates the transmittal of orders from the highest to the lowest levels in a minimum of time and with the least chance of misinterpretation. b. Commanders delegate sufficient
authority to soldiers in the chain of command to accomplish their assigned duties, and commanders may hold these soldiers responsible for their actions.
t-1,1Af
21. Describe your working environment and living conditions since being in Theater. (Identify physical and psychological impact on Soldier's attitude). (1.2, 1.3, 1.4, 1.5, 1.6, 1.7) FM 10-1, Ch. 7, para. 3, "Tactical Vision. A primary QMC focus at the tactical level will continue to be on sustainment of the soldier. Each company-sized unit will have two cooks and a small, state-of-the-art field kitchen. This provides a limited capability to prepare or heat meals and supplements. An improved containerized capability for providing responsive laundry and shower support well forward on the battlefield must be developed. Frontline soldiers require brief respites from the rigors
associated with combat. A facility complex (Force Provider) will be available in which they can shower, clean their clothes, eat hot meals, and rest i an environmentally controlled shelter.

22. Describe the unit command climate and Soldier morale. Has it changed or evolved since you have been in Theater? (Identifies Soldier's perception of the chain of command and Soldier attitude. Does the Soldier feel supported? Do Soldiers feel the
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Command cares? Are they getting clear guidance?) 1 AR 600-20 13 May 2002 1-5.
Command, b. Elements of command. c. The commander is responsible for establishing leadership climate of the unit and developing disciplined and cohesive units. This sets the parameters within which command will be exercised and, therefore, sets the tone for social and duty relationships within the command. (1) Commanders and other leaders committed to the professional Army ethic promote a positive environment. If leaders show loyalty to their soldiers, the Army, and the Nation, they earn
the loyalty of their soldiers. If leaders consider their soldiers' needs and care.for their well-being, and
if they demonstrate genuine concern, these leaders build a positive command climate. (2) Duty is
obedient and disciplined performance. Soldiers with a sense of duty accomplish tasks given them,
seize opportunities for self-improvement, and accept responsibility from their superiors. Soldiers,
leader and led alike, work together to accomplish thission rather than feed their s If-interest...
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23. Please provide by show of hands if you aware of any incidences of detainee or other abuse in your unit? (Those that raise their hands, need to be noted and interviewed individually afterwards using the ABUSE QUESTIONAIRE) AR 190-8, 1-5. General protectionpolicy a. U.S. policy, relative to the treatment of EPW, CI and RP in the custody of the U.S. Armed Forces, is as follows: (1) All persons captured, detained, interned, or otherwise held in U.S. Armed Forces custody during the course of conflict will be given humanitarian care and treatment from the moment they fall into the hands of U.S. forces until final release or repatriation. (2) All persons taken into custody by U.S. forces will be provided with the protections of the GPW until some other legal status is determined by competent authority. (3) The punishment of EPW, CI and RP known to have, or suspected of having, committed serious offenses will be administered IAW due process of law and under legally constituted authority per the GPW, GC, the Uniform Code of Military Justice and the Manual for Courts Martial. (4) The inhumane treatment of EPW, CI, RP is prohibited and is not justified by the stress of combat or with deep provocation. Inhumane treatment is a serious and punishable violation under international law and the Uniform Code of Military Justice (UCMJ). b. All prisoners will receive humane treatment without regard to race, nationality, religion, political opinion, sex, or other criteria. The following acts are prohibited: murder, torture, corporal punishment, mutilation, the taking of hostages, sensory deprivation, collective punishments, execution without trial by proper authority, and all cruel and degrading treatment. c. All persons will be respected as human beings. They will be protected against all acts of violence to include rape, forced prostitution, assault and theft, insults, public curiosity, bodily injury, and reprisals of any kind. They will not be subjected to medical or scientific experiments. This list is not exclusive. EPW/RP are to be protected from all threats or acts of violence. d. Photographing, filthing, and video taping of individual EPW, CI and RP for other than internal Internment Facility administration or intelligence/counterintelligence purposes is strictly prohibited. No group, wide area or aerial photographs of EPW, CI and RP or facilities will be taken unless approved by the senior Military Police officer in the Internment Facility commander's chain of command. e. A neutral state or an international humanitarian organization, such as the ICRC, may be designated by the U.S. Government as a Protecting Power (PP) to monitor whether protected persons are receiving humane treatment as required by the Geneva Conventions. The text
of the Geneva Convention, its annexes, and any special agreements, will be posted in each camp in the language of the EPW, CI and RP.
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Doc_nid: 
3736
Doc_type_num: 
73