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

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SOLDIER (Point of Capture)
SENSING SESSION QUESTIONS

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Interviewer3
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1.
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, 1.2,1.4, 4.1)
(AR 350-1 para 4-14c.(2) and table G-1 Refresher training, dated 9 April 2003), Level B 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.)
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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
last conduct this training? (1.1, 1.2, 1.4, 4.1)
(FM 3-19.40, para 2-49 The guard force should 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 requirement for sustaipment training
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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 IAW 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.

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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 IET 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 (ROI)? 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/RP)
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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 and with these ROE."
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7. How is your unit ensuring that all Detainees are protected, safeguarded, and
accounted for IAW 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 dee 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 other criteria. The following acts are prohibited: murder, torture, corporal punishment,
mutilation, the taking of hostages, sensory deprivation, collective punishments, execution without trialby proper authority, and all cruel and degrading treatment. 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.
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8. How do you tag detainees for processing (CPA. Form, DD Form 2745)? What procedures do you go through? How do you tag equipment (DD Form 2745, DA Form 4137)? What about evidence(DD Form 2745, DA Form 4137)? What procedures do you use to process equipment/evidence? What about confiscated personal affects? Where do you store Detainees' confiscated personal affects (if any) (1.1, 1.2, 1.8) (AR 190-8, para 2-1, a. (1) (b) (c), All equipment, documents, and personal
property confiscation during the search must be tagged and adthinistratively accounted for by the
capturing unit. DD Form 2745, Part C is attached to the property confiscated from the Detainee, so
that it may later be matched to that Detainee. FM 3-19.40 para 3-14. Property Accountability. When
seizing property from a captive= Bundle it or place it in a bag to keep it intact and separate from
other captives' possessions. *Prepare DA Form 4137 for confiscated and impounded property. *
Prepare a receipt for currency and negotiable instruments to be signed by the captive and the
receiver. Use cash collection vouchers so that the value can be credited to each captive's account.
List currency and negotiable instruments on the captive's personal-property list, but treat them as
impounded property. * Keep the original receipt with the property during evacuation. Give the
captive a copy of the receipt, and tell him to keep it to expedite the return of his property. *Have MI sign for property on DA Form 4137 and for captives on DD Form 2708. *Return confiscated property to supply after it is cleared by MI teams. Items kept by MI because of intelligence value are forwarded through MI channels. * Evacuate retained items with the captive when he moves to the next level of internment. * Maintain controlled access to confiscated and impounded property.) Property seizedfrom a CI (AR 190-8, 6-3b), will be documented on the DA Form 4237-R. Use of the DA Form 4137
is not required.
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9. What are the procedures for transporting and evacuating detainees? (1.1,1.2
1.5, 4.1) AR 190-8, paragraph 1-4g(5) Evacuation and care of EPW and RP Those units designated to hold and evacuate EPW and RP will: a. Collect prisoners from capturing units, andevacuate the from the combat zone as soon as possible b. Ensure sick and wounded EPW and RP in
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, orwhere 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 facilitycommander. (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 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
pri, oners.
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10.
What transportation problems is the unit experiencing either to move troops or

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,

detainees during the operation? (1.5)
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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
warrants. AR 190-47,paragrpah 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 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
two guards per prisoner. In medium custody

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is a serious and punishable violation under international law and the Uniform Code of Military Justice (UCMJ).
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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 adverse publicity, or potential consequences of the incident. •
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. 13-2. Any other incident the commander determines to be of immediate concern to I4QDA
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 ill be us ci.)
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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 pliblicity, 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 CI;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.)„
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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 Cl 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. a 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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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.

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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 in an environmentally controlled shelter.
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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 promotea 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 isobedient 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 the mission rather than feed their self-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, filming, and video taping of individual EPW, CI and RP for other than internal Internment Facility administration or intelligence/counterintelligence purposes isstrictly 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, Cl and RP.
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