ar 190-8 detainee operations (draft v2.0)

DRAFT-NOT FOR IMPLEMENTATION

1

Army Regulation 190–8 2

OPNAVINST 3461.6 3

AFJI 31-304 4

MCO 3461.1 5

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Military Police 8

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Detainee 11

Operations 12

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14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Headquarters 40 Departments of the Army, the Navy, the 41 Air Force and the Marine Corps 42 Washington, DC 43

Date 44

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UNCLASSIFIED48

1 History. This printing publishes a 2 revision of this publication. 3 Because the publication has been 4 revised extensively, the changed 5 portions have not been highlighted. 6 Summary. This regulation 7 establishes policies, procedures and 8 planning guidance for detainee 9 operations, implementing 10 Department of Defense Directives 11 2310.01E and 2311.01E and other 12 applicable policies of the 13 Department of Defense. This 14 regulation incorporates in one 15 regulation Army Regulation 190-8, 16 SECNAV Instruction 3300.1.C and 17 Air Force Joint Instruction 31-304. 18 Applicability. This regulation is 19 promulgated and published by the 20 Secretary of the Army pursuant to 21 his designation as the Executive 22 Agent of the Department of Defense 23 for the administration of detainee 24 operations policy. This regulation 25 applies to all DOD components, 26 including the Office of the Secretary 27 of Defense, the Military 28 Departments, the Chairman of the 29 Joint Chiefs of Staff, the Combatant 30 Commands, the Office of the 31 Inspector General of the Department 32 of Defense, the Defense Agencies 33 and the DOD Field Activities. This 34 regulation applies to all members of 35 the active Armed Forces and to all 36 members of the Reserve 37 components when lawfully ordered 38 to active duty under the provisions 39 of Title 10 United States Code. 40 Reserve components not in Title 10 41 status will train to the standards set 42 forth in this regulation and 43 formulate Standard Operating 44 Procedures and unit policies 45 consistent with this regulation so as 46 to facilitate compliance with this 47 regulation following mobilization or 48 call to active Federal service. This 49 regulation applies to DOD 50 contractors assigned to or 51 supporting DOD components 52 engaged in, conducting, 53 participating in or supporting 54 detainee operations. This regulation 55 applies to non-DOD military or 56 civilian personnel as a condition of 57 access to DOD detainees or to a 58 DOD facility for the purpose of 59 conducting, participating in or 60 supporting of detainee operations or 61 any other activity. This regulation 62

applies during all armed conflicts, 63 however such conflicts are 64 characterized and in all other 65 military operations. As a matter of 66 U.S. policy, all persons subject to 67 this directive will comply with the 68 Geneva Conventions of 1949, as 69 construed and applied by U.S. law 70 and violations of the regulation are 71 punishable under the Uniform Code 72 of Military Justice (UCMJ). 73 Violations of the regulation and 74 policy that constitute a grave breach 75 of the Geneva Conventions are 76 specific crimes and punishable 77 under the applicable article in the 78 UCMJ. Violations of the treatment 79 standards in the regulation and 80 policy that are not grave breaches, 81 but rise to the level of cruelty and 82 maltreatment are punishable under 83 Article 93, Cruelty and 84 maltreatment. Violations of the 85 treatment standards in the regulation 86 and policy that do not rise to the 87 level of cruelty and maltreatment 88 under the UCMJ, are punishable 89 under Article 92(3), Dereliction in 90 the performance of duties. 91 Violations of this paragraph 2-4(b), 92 (c) and (d) are punitive and 93 punishable as a violation of a lawful 94 general regulation under Article 95 92(1), Failure to obey a general 96 regulation, UCMJ. 97 Proponent and exception 98 authority. The proponent of this 99 regulation is the Office of the 100 Provost Marshal General, U.S. 101 Army. The proponent may approve 102 exceptions to this regulation that are 103 consistent with controlling law and 104 regulation. The proponent may 105 delegate the approval authority, in 106 writing, to a division chief within 107 the proponent agency or to a direct 108 reporting unit or field operating 109 agency of the proponent agency in 110 the grade of colonel or the civilian 111 equivalent. Activities may request a 112 waiver to this regulation by 113 providing to the proponent 114 justification that includes a full 115 analysis of the expected benefits 116 and a formal review by the 117 requesting activity’s senior legal 118 officer. All waiver requests will be 119 endorsed by the commander or 120 senior leader of the requesting 121 activity and forwarded through their 122 higher headquarters to the policy 123

proponent. Refer to AR 25-30 124 for specific guidance. 125 Army management control 126 process. The regulation 127 contains management control 128 provisions in accordance with 129 AR 11-2, but it does not identify 130 key management controls that 131 must be evaluated. 132 Supplementation. 133 Supplementation of this 134 regulation and establishment of 135 command or local forms are 136 prohibited without prior 137 approval from the Office of the 138 Provost Marshal General, 139 HQDA (DAPM-OPS-OB), 140 Washington, DC 20310-2800. 141 Suggested Improvements. 142 Users are invited to send 143 comments and suggested 144 improvements to the Office of 145 the Provost Marshal General, 146 HQDA (DAPM-OPS-OB), 147 Washington, DC 20310-2800. 148 Distribution. Army: This 149 publication is available in 150 electronic media only and is 151 intended for command levels A, 152 B, C, D and E for Active Army, 153 Army National Guard and U.S. 154 Army Reserve. 155 Navy: Electronic only via Navy 156 Directives Web site: 157 http://neds.daps.dia.mil. 158 Air Force: F 159 Marine Corps: PCN 160 10203324000161

FOR OFFICIAL USE ONLY

Contents (listed by paragraph and page 1 number) 2 3 Chapter 1 4 Introduction, page 1 5 Purpose • 1-1, page 1 6 References • 1-2, page 1 7 Explanation of abbreviations and terms • 8 1-3, page 2 9 Responsibilities • 1-4, page 4 10 11 Chapter 2 12 General Detainee Policy, page 13 13 General Detainee Operations Policy • 14 2-1, page 15 15 General Detainee Treatment Policy • 16 2-2, page 15 17 Initial Actions upon Capture or Detention • 18 2-3, page 17 19 Addressing Suspected Abuse or 20 Mistreatment of Detainees • 21 2-4, page 20 22 Tribunals • 2-5, page 21 23 Hearings and Judicial Proceedings • 24 2-6, page 23 25 Special Policy Pertaining to the Temporary 26 Detention of Detainees aboard U.S. 27 Naval Vessels • 2-7, page 24 28 Medical Treatment of Detainees • 2-8, 29 page 24 30 Death and burial • 2-9, page 27 31 32 Chapter 3 33 Detention of Enemy Prisoners of War, page 34 29 35 36 General • 3-1, page 29 37 Definition • 3-2, page 29 38 Applicability of General Detainee Treatment 39 Policy • 3-3, page 30 40 General Requirements Applicable to EPWs • 41 3-4, page 30 42 Special Benefits afforded to EPWs • 43 3-5, page 30 44 Article 5 Tribunals • 3-6, page 31 45 EPW Representatives • 3-7, page 32 46 EPW Social Privileges • 3-8, page 33 47 Internment of EPWs • 3-9, page 33 48 EPW Medical Care • 3-10, page 34 49 Complaints and requests to Internment Facility 50 Commanders and ICRC/Protecting Power 51 • 3-11, 52 page 36 53 EPW Correspondence • 3-12, page 36 54 Discipline and Security • 3-13, page 40 55 EPW Punitive Jurisdiction • 3-14, page 43 56

Limitations on EPW Punishment • 3-15, page 57 46 58 Offenses and Warranted Punishments • 59 3-16, page 46 60 Retention of Geneva Convention Benefits • 61 3-17, page 47 62 EPW Employment • 3-18, page 48 63 Restricted EPW Employment • 3-19, 64 page 48 65 Liability to perform labor • 3-20, page 49 66 Authorized work • 3-21, page 49 67 Unauthorized work • 3-22, page 50 68 Humiliating work • 3-23, page 51 69 Other specifically prohibited work • 3-24, 70 page 51 71 Questionable work • 3-25, page 51 72 Decisions on work conditions and 73 safeguards • 3-26, page 52 74 Referrals to the Office of the Provost Marshal 75 General • 3-27, page 52 76 Length of workday • 3-28, page 52 77 Rest periods • 3-29, page 52 78 Responsibility for work supervision • 79 3-30, page 53 80 EPW work detail leaders and interpreters 81 • 3-31, page 53 82 Task system • 3-32, page 53 83 Paid work • 3-33, page 54 84 Restriction on paid work • 3-34, page 54 85 Rates for paid work • 3-35, page 55 86 Days of paid work per month • 3-36, page 87 55 88 Unpaid work • 3-37, page 55 89 Sale of articles and repair services • 3-38, 90 page 56 91 Disability compensation • 3-39, page 56 92 Operation of government vehicles • 3-40, 93 page 57 94 Rules and procedures • 3-41, page 57 95 Personal effects • 3-42, page 57 96 Transfer of prisoners of war • 3-43, page 58 97 Repatriation of sick and wounded EPW/RP 98 • 3-44, page 61 99 Repatriation of other EPW/RP • 3-45, 100 page 63 101 Repatriation transfer procedures • 3-46, 102 page 63 103 104 Chapter 4 105 Retained Personnel (RP), page 65 106 107 Policy • 4-1, page 65 108 Definition • 4-2, page 65 109 General Provisions • 4-3, page 66 110 RP Classification Forms • 4-4, page 68 111 RP Correspondence • 4-5, page 68 112


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1 Chapter 5 2 Civilian Internees (CI), page 69 3 4 Definition and Application of CI Provisions • 5 5-1, page 69 6 Applicability of General Detainee Treatment 7 Policy • 5-2, page 69 8 Administrative provisions • 5-3, page 70 9 Authorization to intern • 5-4, page 71 10 Order of internment • 5-5, page 71 11 CI Internment Order • 5-6, page 71 12 Compassionate Internment • 5-7, page 72 13 Custodial security • 5-8, page 72 14 Custodial segregation • 5-9, page 72 15 Spies, saboteurs and security threat 16 individuals • 5-10, page 72 17 Civilian Internee Review Tribunals (CIRT’s) 18 • 5-11, page 73 19 Civilian Internee Safety Program • 5-12, page 20 74 21 Republic of Korea/United States Agreement 22 on processing Civilian Internees in 23 Korea • 5-13, page 74 24 CI Administration • 5-14, page 74 25 Personal effects • 5-15, page 76 26 Internee committee • 5-16, page 77 27 Supplies • 5-17, page 79 28 Social, intellectual and religious activities • 29 5-18, page 80 30 Procedures for communications • 5-19, 31 page 82 32 Complaints and requests to internment facility 33 commanders and ICRC/Protecting Power 34 • 5-20, page 86 35 Discipline and security • 5-21, page 87 36 Provisions common to disciplinary and judicial 37 punishments • 5-22, page 88 Disciplinary 38 proceedings and punishments • 5-23, 39 page 89 40 Judicial proceedings • 5-24, page 91 41 Civilian Internee Employment • 5-25, 42 page 95 43 Ability to perform labor • 5-26, page 95 44 Authorized work • 5-27, page 95 45 Unauthorized work • 5-28, page 96 46 Working conditions • 5-29, page 96 47 Paid work • 5-30, page 96 48 Unpaid work • 5-31, page 96 49 Compensation for paid work • 5-32, page 96 50 Disability compensation • 5-33, page 97 51 Transfers • 5-34, page 97 52 Release • 5-35, page 98 53 54 55 56

Chapter 6 57 Unprivileged Enemy Belligerent, page 100 58 59 Definition • 6-1, page 100 60 Applicability of General Detainee Treatment 61 Policy • 6-2, page 100 62 Administrative provisions • 6-3, page 100 63 Authorization to intern • 6-4, page 100 64 Order for internment • 6-5, page 101 65 Unprivileged Enemy Belligerent Internment 66 Orders • 6-6, page 101 67 Custodial security • 6-7, page 101 68 Custodial segregation • 6-8, page 101 69 Periodic review of status determination and 70 appeal of security internment cases • 6-9, 71 page 101 72 Unprivileged Enemy Belligerent Administration • 73 6-10, page 102 74 75 Chapter 7 76 Dislocated civilian and refugee, page 106 77 78 Definition • 7-1, page 106 79 Policy • 7-2, page 106 80 Foreign humanitarian assistance • 7-3, 81 page 107 82 83 Appendices 84 85 A. References, page 103 86 87 B. Internment Serial Number, page 106 88 89 C. Detainee Operations Training and 90 Certification Criteria, page 107 91 92 D. Detainee Operations Training and 93 Certification Criteria for Medical 94 Personnel, page 110 95 96 Glossary97


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Chapter 1 - Introduction 3 4 1-1. Purpose 5 6

a. In modern military operations, as in all armed conflicts and military 7 operations in which our Nation has engaged throughout its history, the 8 conduct of detention operations serves a vitally important function. The 9 deliberate and conscientious manner in which the Department of 10 Defense (DOD) conducts detention operations and our commitment to 11 the mandate of humane treatment for all detainees reflects our values 12 and character as a Nation. All members of the United States Armed 13 Forces must be prepared to conduct, participate in or support detainee 14 operations in accordance with applicable U.S. and international law, 15 regulations and DOD policies, across the spectrum of operations. The 16 conduct of detainee operations also may be affected by mission-17 specific guidance and direction set forth in applicable Execute Orders 18 (EXORDs), Operations Orders (OPORDs) and Operations Plans 19 (OPLANs). 20

21 b. This regulation establishes policy, procedures and responsibilities for 22

DOD detainee operations. This regulation implements DOD 23 Directive(DODD) 2310.01E, The Department of Defense Detainee 24 Program (Sep. 5, 2006), DODD 2311.01E, DOD Law of War Program 25 (May 9, 2006) and other laws, regulations and policies, including 26 international law, both customary and codified, relating to detainees, 27 which includes those persons held during military operations other than 28 war. The legal provisions relevant to this regulation include, but are not 29 limited to, the following: 30

31 (1) The Geneva Convention Relative to the Amelioration of the 32

Condition of the Wounded and Sick in Armed Forces in the Field 33 (1949) (GWS); 34

(2) The Geneva Convention for the Amelioration of the Condition of 35 Wounded, Sick and Shipwrecked Members of Armed Forces at 36 Sea (1949) (GWS (Sea)); 37

(3) The Geneva Convention Relative to the Treatment of Prisoners of 38 War (1949) (GPW); 39

(4) The Geneva Convention Relative to the Protection of Civilian 40 Persons in Time of War (1949) (GC). 41

(5) The Detainee Treatment Act, P.L. 109-163 (2005) (DTA). 42 (6) The Military Commissions Act, Chapter 47A, Title 10, U.S. Code 43

(2009) (MCA). 44 45

c. In the event of conflicts or discrepancies between this regulation and 46 U.S. law, U.S. law (including the provisions of the Geneva Conventions 47 of 1949, as construed and applied) takes precedence. 48

49 1-2. References 50 51 Required and related publications and prescribed and referenced forms are listed in 52 Appendix A. 53 54


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1-3. Explanation of abbreviations and terms 1 2 General abbreviations and special terms used in this regulation are 3 explained in the Glossary. Terms of particular relevance to the 4 implementation of this regulation are: 5 6

a. Detainee. Any person captured, detained, held, or otherwise under the 7 custody and control of DOD personnel (military, civilian, or contractor 8 employee). It does not include persons being held primarily for law 9 enforcement purposes (i.e. pirates), except where the United States is the 10 occupying power. Detainees include : 11

12 (1) Privileged Enemy Belligerent. In general, a privileged enemy 13 belligerent is a person entitled to combatant immunity who has engaged in 14 hostilities against the United States or its coalition partners during an armed 15 conflict. Privileged enemy belligerent, who are entitled under Article 4 of 16 the GPW to Prisoner of War status to protections under the Geneva 17 Conventions, include belligerents, include members of the regular armed 18 forces of a State party to the conflict; militia, volunteer corps, and organized 19 resistance movements belonging to a State party to the conflict, which are 20 under responsible command, wear a fixed distinctive sign recognizable at a 21 distance, carry their arms openly, and abide by the laws of war; and, 22 members of regular armed forces who profess allegiance to a government 23 or an authority not recognized by the United States . 24 25 (2) Unprivileged Enemy Belligerent. Unprivileged enemy belligerents are 26 persons who do not fall under paragraphs 1-3a(1), 1-3a(3), 1-3a(4), or 1-27 3a(5), who do not enjoy combatant immunity, and who are detainable under 28 law of war authority. An unprivileged enemy Belligerents is an individual 29 who, whether or not a member of an armed non-state actor, is or was 30 carrying out the functions of individuals in category a(1) and is or was 31 engaged in hostilities against the United States or its coalition partners.. 32 33 (3) Enemy Prisoner of War (EPW). Individuals under the custody and/or 34 control of the Department of Defense according to Articles 4 and 5, GPW. 35 EPWs are persons belonging to one of the following categories: 36 37

(a) Members of the armed forces of a party to the conflict as well 38 as members of militias or volunteer corps forming parts of those 39 armed forces. 40

41 (b) Members of other militias and members of other volunteer 42

corps, including those of organized resistance movements, 43 belonging to a party to the conflict and operating in or outside 44 their own territory, even if this territory is occupied, provided 45 that such militias or volunteer corps, including such organized 46 resistance movements, fulfill all of the following conditions: 47

48 (1) Are commanded by a person responsible for his 49

subordinates; 50 (2) Have a fixed distinctive sign recognizable at a distance; 51 (3) Carry arms openly; 52 (4) Conducting their operations according to the laws and 53

customs of war. 54 55



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(c) Members of regular armed forces who profess allegiance to a 1 government or an authority not recognized by the Detaining 2 Power. 3

4 (d) Persons who accompany the armed forces without actually 5

being members thereof, such as civilian members of military 6 aircraft crews, war correspondents, supply contractors, 7 members of labor units or of services responsible for the 8 welfare of the armed forces, provided that they have received 9 authorization from the armed forces which they accompany, 10 who shall provide them for that purpose with an identity card. 11

12 (e) Members of crews, including masters, pilots and apprentices, of 13

the merchant marine and the crews of civil aircraft of the parties 14 to the conflict, who do not benefit by more favorable treatment 15 under any other provisions of international law. 16

17 (f) Inhabitants of a non-occupied territory, who on the approach of 18

the enemy spontaneously take up arms to resist the invading 19 forces, without having had time to form themselves into regular 20 armed units, provided they carry arms openly and respect the 21 laws and customs of war. 22

23

(4) Retained Personnel (RP). Individuals under the custody and/or control 24

of the Department of Defense according to Article 33, GPW. Retained 25 personnel are detainees retained by the Department of Defense 26 exclusively for the purpose of aiding EPW. Retained personnel include 27 persons in the following categories: 28

29 (a) Medical personnel who are members of the medical service of 30

their armed forces. 31 32 (b) Medical personnel exclusively engaged in— 33

34 (1) The search for or collection, transport or treatment of the 35 wounded or sick. 36

37 (2) The prevention of disease. 38

39 (3) The administration of medical units and establishments. 40

41 (c) Chaplains attached to enemy forces. 42

43 (d) Staff of National Red Cross societies and other voluntary aid 44

organizations duly recognized and authorized by their 45 governments. The staffs of these organizations may be 46 employed in the same duties as mentioned above if such 47 organizations are subject to military laws and regulations. 48

49 (5) Civilian Internee (CI). Individuals Civilians under the custody and/or 50

control of the Department of Defense according to Article 4, GC. 51 Generally, all detainees who are either not engaged in hostilities 52 against the United States or its allies during an armed conflict or not 53 entitled to status as an EPW or as a Retained Person will be 54



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considered a Civilian Internee. Civilians may be interned under law of 1 war authority for security reasons, for protective purposes, or for 2 committing an offense against the Detaining Power. 3

4 5 b. Law of War. That part of international law that regulates the conduct of 6

armed hostilities and occupation. It is often called the ―law of armed 7 conflict‖ and encompasses all international law applicable to the conduct of 8 hostilities that is binding on the United States or its individual citizens, 9 including treaties and international agreements to which the United States 10 is a party (e.g., the Geneva Conventions of 1949) and applicable customary 11 international law. Members of the DOD components will comply with the 12 law of war during all conflicts, however such conflicts are characterized and 13 in all other military operations. 14

15 c. The Rule of Law is a principle of governance in which all persons, 16

institutions, and entities, public and private, including the state itself, are 17 accountable to laws that are publically promulgated, equally enforced, and 18 independently adjudicated, and which are consistent with international 19 human rights principles. 20

21 1-4. Responsibilities 22 23

a. The Secretary of the Army (SA) -- The SA is designated as the Executive 24 Agent for the administration of Department of Defense detainee operations policy. 25 The Secretary of the Army will 26 27

(1) Develop and promulgate guidance, regulations and instructions 28 necessary for the DOD-wide implementation of detainee operations 29 policy in coordination with the Under Secretary of Defense for Policy 30 USD (P). 31

(2) Communicate directly with the Heads of the DOD Components as 32 necessary to carry out assigned functions. 33

(3) Inform the Chairman of the Joint Chiefs of Staff of detainee policy 34 related communications made to the Commanders of the Combatant 35 Commands (CCDRs). 36

(4) Designate a single point of contact within the Department of the Army 37 for detainee operations policy, who shall also provide advice and 38 assistance to USD (P). 39

(5) Plan for and operates the DOD’s national-level detainee reporting 40 center and its elements (e.g., theater and lower levels) to account for 41 detainees. 42

(6) Coordinate with the USD (P) to provide reports on detainee operations 43 to the Secretary of Defense (SECDEF) and others as appropriate. 44

(7) Recommend DOD-wide detainee operations-related planning and 45 programming guidance to the USD (P), the Undersecretary of Defense 46 for Acquisition, Technology and Logistics (USD (AT&L)), the 47 Undersecretary of Defense for Intelligence (USD (I)), the 48 Undersecretary of Defense for Personnel and Readiness (USD (P&R)), 49 the Under Secretary of Defense for Comptroller, the Assistant Secretary 50 of Defense for Networks and Information Integration, the Director of 51 Program Analysis and Evaluation and the Chairman of the Joint Chiefs 52 of Staff and provides information copies of such guidance to the 53 Secretaries of the Military Departments. 54



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(8) Establish detainee operations training and certification standards, 1 training materials and reporting systems in coordination with the 2 Secretaries of the Military Departments and the Joint Staff. 3

(9) Develop programs to ensure all DOD detainee operations policy, 4 doctrine, tactics, techniques and procedures and DoD regulations or 5 other issuances are subject to periodic review and evaluation for 6 effectiveness and compliance with DOD policy. 7

8 b. The U.S. Army Provost Marshal General (PMG) -- The Office of the 9

Provost Marshal General (OPMG) exercises Headquarters, Department of 10 the Army (HQDA) responsibility for Detainee Operations. The OPMG – 11 12 (1) Develops and disseminates policy guidance for the treatment, care, 13

accountability, legal status and processing of detainees. 14 (2) Reports detainee-related suspected or alleged violations of the law of 15

war for which there is credible information 16 (3) Provides HQDA staff supervision for the National Detainee Reporting 17

Center (NDRC). 18 (4) Develops plans for the initial assignment and replacement of block 19

Internment Serial Numbers (ISNs) from the NDRC to the Theater 20 Detention Reporting Centers (TDRC) and for the assignment of the 21 theater code section of the ISN. 22

(5) Serves as the proponent and approval authority for detainee 23 accountability and management system(s) of record. Current system of 24 record is the Detainee Reporting System (v5.0). 25

(6) Provides necessary reports, coordination, technical advice and staff 26 assistance to: 27

(a) The Office of the Secretary of Defense (OSD). 28 (b) The Joint Chiefs of Staff (JCS). 29 (c) The Military Departments. 30 (d) Unified commands. 31 (e) Department of State and other Federal agencies. 32 (f) The International Committee of the Red Cross (ICRC). 33 (g) The Protecting Powers. 34

35 c. The Secretaries of the Military Departments shall ensure that all personnel 36 are properly trained and certified in detainee operations commensurate with their 37 duties, maintaining records of such training and certification and making such 38 records available to a CCDR when providing forces for use by that CCDR. 39 40 d. The Chairman of the Joint Chiefs of Staff shall: 41 42

(1) Provide appropriate oversight to CCDRs to ensure their detainee 43 operations policies and procedures are consistent with DOD policy and this 44 regulation. 45 (2) Designate a single point of contact within the Joint Staff for matters 46 pertaining to the implementation of DOD policy and this regulation. 47 (3) Ensure that operational exercises routinely test the capabilities of the 48

DOD Components to conduct, participate in and support detainee 49 operations. 50 51 e. Combatant Commanders shall: 52 53

(1) Plan, execute and oversee Combatant Command (COCOM) detainee 54 operations in accordance with this regulation and implementing issuances. 55



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(2) Develop programs and issue appropriate guidance and orders 1 implementing this regulation. All such programs and guidance shall be 2 subjected to periodic review and evaluation for compliance and efficacy. 3

(3) When detainee internment facilities, holding areas, collection points or 4 interrogation facilities are in their area of responsibility: 5

6 (a) Ensure procedures are established for the treatment of 7

detainees consistent with DOD policy and this regulation. 8 (b) Ensure detainees are provided with information, in their own 9 language, concerning the rights, duties and obligations of their 10 confinement, which may include applicable provisions of the 11 Geneva Conventions. 12 (c) Ensure periodic unannounced and announced inspections of 13 internment facilities, including temporary holding areas and 14 collection points, are conducted to provide continued oversight 15 of detainee operations. 16

(4) Appoint a Commander, Detainee Operations (CDO) as required. The 17 CDO will normally be the senior Military Police (MP) commander in 18 theater. 19

(5) Ensure all U.S. military personnel, Federal employees and civilian 20 contractors interacting, handling or interrogating individuals detained 21 by the Department of Defense, including other government agencies 22 working at DOD facilities have been properly trained and certified in 23 detainee operations commensurate with their duties prior to permitting 24 said persons to conduct such detainee operations. 25

(6) Provide summary reports to HQDA (OPMG) on a semiannual basis of 26 all announced and unannounced inspections of internment facilities, 27 including temporary holding areas and collection points. 28

(7) Promulgate policies and procedures to ensure that all allegations and 29 resulting investigations of detainee mistreatment that occur outside of 30 detention facilities are promptly reported to the CDO. 31

(8) Develop guidelines and policies for commanders engaged in the 32 conduct of detainee operations to evaluate whether detainees should 33 be evacuated or released during each step of the detention process 34 from point of capture to Theater Internment Facility (TIF). 35

36 f. Commander, Detainee Operations (CDO) The CDO shall be responsible 37

for all detainee operations and has command over all detention and 38 interrogation facilities within an operational area. Generally, the CDO will 39 be the senior MP commander in theater. If the size and scope of the 40 detainee operation warrants, the combatant commander may consider 41 designating a general or flag officer as the CDO. The CDO normally does 42 not operate an internment/resettlement facility. The CDO – 43

44 (1) Reports directly to higher headquarters on all detainee matters. 45 (2) Shall establish for medical and military intelligence assets operating 46

within internment facilities procedures for direct liaison to support 47 the routine flow of functional or technical information from higher 48 echelons and external elements to the execution level.. 49

a. Generally, the liaison for military intelligence (MI) 50 assets will run to the senior MI officer in the operational area. 51

b. Generally, the liaison for medical assets will run to the 52 command surgeon. 53

(3) Exercises tactical control (TACON) over all assets conducting 54 detainee operations and detainee interrogation operations at the 55



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theater level. However, Joint Interrogation and Debriefing Centers 1 (JIDCs) retain technical authority for interrogation functions and 2 intelligence reporting. 3

(4) Ensures effective communication between JIDC personnel and 4 Detention Facility Commanders (DFCs). 5

(5) Provides policy and operational oversight, to include developing 6 and disseminating detainee policy, directives and operations orders 7 (OPORDs). The CDO does not establish interrogation priorities but 8 will work with his staff and higher headquarters to resolve any 9 issues with implementing the interrogation plan according to the 10 approved standards for interrogations. The CDO does not approve 11 or disapprove interrogation plans. 12

(6) Ensures those DOD personnel and any other non-DOD agency 13 personnel accessing detainees held in DOD detainee facilities 14 comply with the law of war and U.S. laws, regulations and policy. 15

(7) Ensures that all allegations of mistreatment within detention 16 facilities are immediately reported through the chain of command 17 for investigation by commanders and referral to the Military Criminal 18 Investigative Organization (MCIO) according to U.S. policy. 19

(8) Prepares reports regarding allegations of detainee mistreatment 20 and investigations as required by U.S. law and policy and 21 forwarding such reports as required. 22

(9) Ensures that ISNs are issued according to current policies and 23 procedures. 24

(10) Ensures that detainee and detainee property accountability and 25 reporting is done properly through the TDRC to the NDRC. 26

(11) Establishes detainee hearing, tribunal and board processes and 27 ensures those processes are supervised and their results are 28 properly reported and recorded. 29

(12) Coordinates all visits from representatives of the ICRC and/or 30 Protecting Power (PP). 31

(13) Coordinates external visits to detainees consistent with applicable 32 policy. 33

(14) Coordinates all logistical requirements across the spectrum of 34 detainee operations. 35

(15) Ensure personnel primarily responsible for the security and health 36 care of detainees do not directly participate in the conduct of 37 interrogations or engage in any action that ―prepares‖ detainees 38 mentally or physically for any interrogation activities, including the 39 use of military working dogs. This does not prohibit furnishing 40 appropriate medical care for treatment of illness or injury. 41

42 g. Detention Facility Commanders (DFCs) The detention facility commander is the 43 commander for an individual detention facility. The detention facility commander 44 normally does not serve as a CDO when also functioning as a TIF commander. In 45 internment facilities, the detention facility commander ensures, at a minimum, that— 46 (1) Internment operations are conducted according to applicable laws and policies. 47 (2) Members of the staff and command are thoroughly familiar with applicable ARs, 48

SOPs, directives, international laws, and administrative procedures. 49 (3) Facility personnel are trained on facility SOPs, applicable ARs, directives, 50

international laws, and administrative procedures. 51 (4) The safety and well-being of all personnel operating and housed within the 52

internment facility are maintained. 53 (5) All personnel are properly trained on the RUF and are familiar with the law of land 54

warfare and other applicable laws and policies. 55



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(6) Standards, policies, and SOPs (for detainee operations) are developed and 1 implemented to ensure compliance with AR 190-8 and that all personnel have an 2 effective knowledge of the internment facility SOP. 3

(7) Suitable interrogation space and resources, to include provisions for live 4 monitoring, are provided within the internment facility to facilitate the intelligence 5 collection mission. 6

(8) Provisions may also include medical, security, and administrative support. 7 (9) Coordination is made with the base commander, JIDC commander, and medical 8

and other assets regarding facility protection. 9 10

11 12

h. Joint Interrogation and Debriefing Center (JIDC) Commanders. The JIDC 13 commander is responsible for matters relating to interrogations, intelligence collection and 14 reporting, and interaction with other agencies involved in the intelligence and/or evidence-15 gathering process. The JIDC is normally commanded by an MI officer, who is operational 16 control to the CDO and tactical control to the TIF commander for humane treatment, 17 evacuation, and custody and control (reception, processing, administration, internment, and 18 safety) of detainees; protection measures; and operation of the internment facility. The JIDC 19 commander is responsible for the conduct of interrogation operations, to include the 20 prioritization of effort and control of interrogation or other intelligence operations. The JIDC 21 maintains a technical direction relationship through MI channels for interrogation 22 functions and intelligence reporting. JIDC Commanders shall – 23

24 (1) Develop and implement synchronized interrogation tactics, 25

techniques and procedures (TTPs) that comply with applicable U.S. 26 laws and regulations, 27

international law, execution orders, fragmentary orders and other 28 operationally specific guidelines (such as DOD policy). 29

(2) Coordinate with the DFC to ensure that the roles and 30 responsibilities of intelligence collectors and detention facility 31 security personnel (i.e., military police) are understood and applied 32 throughout all phases of detainee operations. 33

(3) Coordinate with the DFC for MI personnel participation in base 34 operations support, to include tenant unit security, interpreter 35 support, logistics support and processing line screening. 36

(4) Keep the CDO informed about interrogation operations. 37 (5) Executes interrogation and debriefing operations according to the 38

priorities and guidance outlined by the higher intelligence 39 authorities. 40

(6) Coordinate with the MCIO and legal agencies for evidentiary 41 measures and resolutions, as required. 42

43 i. Detainee Operations Medical Directors (DOMDs) - Detainee Operations 44 Medical Directors oversee and guide all elements of health care delivery to 45 detainees within the theater. The DOMD is responsible for: 46

47 (1) Advising the detainee operations commander on the health of the 48

detainee population to include contagious disease, nutritional 49 issues and general health concerns. 50

(2) Provide DFCs with information regarding detainee health, condition, 51 limitations, and make recommendations, when requested, on post-52 detention, post-release, or post-transfer treatment requirements. 53



IMPLEMENTATION

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DOMDs will not interfere or delay efforts to release medically stable 1 detainees from custody' 2

(3) Providing guidance, in conjunction with the servicing judge 3 advocate, on the ethical and legal aspects of providing medical 4 care to detainees. 5

(4) Recommending task organization of medical resources to satisfy 6 detainee mission requirements. 7

(5) Recommending policies concerning medical support to Detainee 8 Operations (DO). 9

(6) Developing, coordinating and synchronizing health consultation 10 services for detainees. 11

(7) Evaluating and interpreting detainee-related medical statistical 12 data. 13

(8) Recommending policies and determining requirements and 14 priorities for medical logistics (MEDLOG) operations in support of 15 detainee health care. This includes: 16

17 (a) Blood and blood products, 18 (b) Medical supply/resupply, 19 (c) Formulary development, 20 (d) Medical equipment, 21 (e) Equipment maintenance and repair services, 22 (f) Optometric support, 23 (g) Fabrication of single- and multi-vision optical lens and 24

spectacle fabrication and repair. 25 (9) Recommending medical evacuation policies and procedures and 26 monitors medical evacuation support to detainees. 27 (10) Recommending policies, protocols and procedures pertaining to 28

medical and dental treatment of detainees. To the extent 29 practicable, these policies, protocols and procedures will provide 30 care similar to that provided to U.S. forces in the same 31 geographical area. 32

(11) Ensuring medical records are maintained on each detainee in 33 accordance with Army Regulation 40-66, Medical Record 34 Administration and Health Care Documentation and Army 35 Regulation 40-400, Patient Administration. 36

(12) Ensuring monthly weigh-ins are conducted and recorded in the 37 Detainee Reporting System (DRS) as required by this regulation. 38

(13) Planning for and implementing preventive medicine (PVNTMED) 39 operations and facilitates health risk communications (to include 40 PVNTMED programs and initiating PVNTMED measures [PMM] to 41 counter the health threat). 42

(14) Coordinating, as necessary, with the CCDR’s Detainee Medical 43 Case Management Committee (DMCMC) regarding detainee 44 medical requirements that may exceed local medical capabilities. 45

(15) Ensure Only the ISN (or capture tag number if no ISN is assigned) 46 will be used as the identifier on medical documentation. 47

48 j. Commanders engaged in the conduct of detainee operations. Commanders 49

have responsibility to plan, prepare, execute and assess detainee operations in 50 the theater of operation. Commanders shall ensure – 51

52 (1) Compliance with this policy and all applicable laws, regulations and 53

policies and other issuances. 54



IMPLEMENTATION

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(2) Detainees are accounted for and humanely treated in accordance 1 with the Geneva Conventions and that detainee collection, 2 evacuation, internment, transfers, release and repatriation 3 operations are conducted per this regulation. 4

(3) Persons captured or detained during the course of operations are 5 detained in accordance with policy and regulation and that the 6 circumstances, events and basis for detention are properly 7 recorded. 8

(4) Evidence surrounding the events and circumstances leading to 9 detention is collected, documented, positively linked to the detainee 10 (e.g., marking, photographs, biometric data, sworn statements), 11 preserved and evacuated with the detainee. 12

(5) Seized or retained detainee property, including confiscated 13 currency, items of intelligence or items of evidentiary value are 14 safeguarded and evacuated through proper channels. 15

16 k. U. S. Army Criminal Investigation Command (USACIDC). USACIDC primarily 17

responsible for providing support to detainee DFCs to conduct all investigations 18 concerning detainee personnel IAW the provisions of AR 195-2. USACIDC will 19 ensure criminal investigative support to detainee operations is planned and 20 resources are allocated for this purpose, including coordination with other MCIO 21 where appropriate. 22 23

l. The National Detainee Reporting Center (NDRC). The NDRC, an HQDA 24 organization assigned to the OPMG, is responsible for— 25

26 (1) Acting as the single point of contact for ISN’s and forwarding blocks 27

of ISNs to the designated theater and the continental United States 28 (CONUS), as required. 29

(2) Obtaining and storing information concerning detainees and their 30 confiscated property. The NDRC is responsible only for detainees 31 who have been assigned ISNs. This includes detainees captured 32 by U.S. Armed Forces but are in custody of other powers and those 33 who have been released or repatriated. EPW and RP cannot be 34 forced to reveal any information, however, they are required to 35 provide their name, rank, service number and date of birth. 36 Geneva Convention and SECDEF require the NDRC to collect and 37 store the following additional information: 38

(a) Complete name, including all aliases 39 (b) Identifying physical characteristics with photographs 40

(c) Membership and rank (EPW’s only) 41 (d) Date of birth 42 (e) City and country of birth 43 (f) Nationality 44 (g) Citizenship 45 (h) Religion 46 (i) Name and address of next of kin 47 (j) Name and Address of person to be notified of detainees capture 48 (k) Complete name of mother and father 49 (l) Date and place of capture to include 8 digit grid coordinate 50 (m) Capturing unit 51 (n) Circumstance of capture 52 (o) General statement of health 53 (p) All confiscated property and its current location 54 (q) Special skills (example: engineers, chemist, etc.) 55



IMPLEMENTATION

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(r) Languages and where the language was learned 1 (s) Clergy and medical personnel 2 (t) Certificates of death or duly authenticated lists of the dead 3

(3) Processing all inquiries concerning detainees captured by the Armed 4 Forces of the United States, in coordination with the relevant CCDR and CDO. 5

(4) Preparing reports and accountability information to the ICRC’s central 6 tracking agency or the Protecting Power. At a minimum information regarding 7 transfers, releases, repatriations, escapes, admissions to hospital, and deaths will 8 be provided weekly. 9

(5) Maintaining the Detainee Reporting System (DRS), the Program of Record 10 for Detainee Accountability. 11

(6) Directing the release of valuables and personal property of ISN detainees 12 that have been released or repatriated or have escaped or died. 13

(7) Receiving and archiving all ISN detainee records on the care and custody 14 of ISN detainees at the end of conflict. The NDRC is the custodian of record for 15 archived ISN detainee records at both Army Record Information Management 16 System (ARIMS) and National Archive Record Administration (NARA). 17

(8) Remains activated until record archiving and property accountability matters 18 are resolved following the release of all detainees. 19

20 m. The Theater Detainee Reporting Center (TDRC). The TDRC is a modular 21

organization that functions as the field operations agency for the CONUS-based 22 NDRC under the operational control of the CDO. It is the central agency responsible 23 for maintaining information on all detainees and their personal property within an 24 assigned area of responsibility. The NDRC acts in this capacity when there is no 25 TDRC assigned in an area of responsibility (AOR). The TDRC resides at theater 26 level to provide theater level detainee data management. The TDRC — 27 28

(1) Serves as the theater or AOR repository for information pertaining 29 to detainees. 30

(2) Accounts for detainee populations and ensures implementation of 31 DOD policy. 32

(3) Provides the initial blocks of ISNs to the area detainee processing 33 organizations and requests additional ISNs from the NDRC as 34 needed. 35

(4) Obtains and stores all accountability information concerning 36 detainee populations originating within the theater or AOR. 37

(5) Processes, stores and maintains; all personal property of ISN 38 detainees that are escaped, or deceased; articles of value, which 39 were not restored upon repatriation or release, until final disposition 40 instructions are received from the NDRC. 41

(6) Processes and replies to all inquiries received from the NDRC, the 42 chain of command or other agencies as directed by the CDO 43 concerning detainees and other protected persons in the operations 44 that the United States is responsible for under the Geneva 45 Convention. 46

(7) Makes regular reports to the NDRC, the CDO, the chain of 47 command and supported internment facilities as required. This will 48 include all pertinent information, official documents and information 49 on judicial proceedings pertaining to detainees in the theater of 50 operations for which the United States is responsible under the 51 Geneva Convention reports will include information on origin and 52 content of requests for information provided by the TDRC to others. 53

(8) Forwards valuables and personal property that can be returned to a 54 released or repatriated ISN detainee or to the next of kin of 55



IMPLEMENTATION

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escaped or deceased ISN detainees to the ICRC Central Tracing 1 Agency (CTA) or Protecting Power, as directed by the NDRC and 2 coordinated with USD (P). 3

(9) Stores confiscated property that cannot be released or returned 4 until final disposition is directed by the NDRC. 5

6 (a) Unclaimed property will be safeguarded by the TDRC. If 7

property ownership cannot be determined, said property shall 8 be released as directed by the NDRC through appropriate 9 channels to the Defense Reutilization and Marketing Office 10 (DRMO). 11

(b) Unclaimed money and negotiable instruments will be 12 maintained by the TDRC pending inquiry and direction from the 13 NDRC. Upon completion of all repatriation actions and 14 inquiries, unclaimed money and negotiable instruments will be 15 transferred to the Finance and Accounting Office as abandoned 16 property. 17

(C) Personal property that cannot be returned or released to an 18 ISN detainee will be disposed of in a manner directed by the 19 NDRC. 20

21 (10) Verifies all data, paperwork and confiscated property of ISN 22

detainees is transferred with the detainee if the detainee is moved 23 between US facilities in either CONUS or OCONUS. 24

(11) Establishes and maintains an in theater repository for all released, 25 repatriated escaped or deceased detainee’s records that pertain to 26 their care, custodial and medical matters. Excepting inpatient 27 medical records that must undergo professional review, all 28 aforementioned records will be received by the TDRC within 30 29 days of triggering event. 30

(12) Inventories, packages and ships theater repository records in 31 accordance with NDRC instructions at the end of conflict. 32

33 (13) Will receive its information collection requirements from the NDRC. 34

The NDRC establishes and enforces the custody and accountability 35 information requirements for data US Forces will collect from 36 detainees taken or held in each TDRC’s area of responsibility. 37

38 n. The Army Judge Advocate General (TJAG). TJAG will provide HQDA 39

guidance and advice to commanders on the legal aspects of the detainee 40 program. TJAG will – 41

42 (1) Conduct liaison, in coordination with the DOD Office of General 43

Counsel, Deputy Assistant Secretary of Defense – Detainee Affairs, 44 Department of State, Department of Justice and other Federal 45 agencies; the Joint Chiefs of Staff; the Defense Intelligence 46 Agency; the Military Departments; the International Committee of 47 the Red Cross; the Protecting Powers; and other Detaining Powers, 48 as required. 49

(2) Provide trained and capable judge advocates to advise on the 50 application of the law of war and other applicable U.S. law and 51 regulations to detention operations. 52

(3) Provide advice and assistance on legal aspects of reported 53 violations by detainees. 54



IMPLEMENTATION

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(4) Provide theater guidelines for any detainee claims against the U.S. 1 Government, where theater claims responsibility is assigned to the 2 Army. 3

(5) Provide guidance regarding EPW [Article 5] and CI Tribunals. 4 5

o. The Judge Advocates General of the Navy and Air Force and the Staff 6 Judge Advocate to the Commandant of the U.S. Marine Corps. They will 7 provide their respective Service HQ guidance and advice to commanders 8 on the legal aspects of the detainee programs as it applies to their 9 respective service. They will – 10

11 (1) Conduct liaison, in coordination with the DOD Office of General 12

Counsel, Deputy Assistant Secretary of Defense – Detainee 13 Affairs, Department of State, Department of Justice and other 14 Federal agencies; the Joint Chiefs of Staff; the Defense Intelligence 15 Agency; the Military Departments; the International Committee of 16 the Red Cross; the Protecting Powers; and other Detaining Powers, 17 as required. 18

(2) Provide trained and capable judge advocates to advise on the 19 application of the law of war and other applicable U.S. law and 20 regulations to detention operations. 21

22 p. Detainee Operations Military Chaplains: Provide for the religious needs of 23

US military and civilian personnel. Advises facility commander on issues 24 related to religious needs of detainees. Act as the point of contact (POC) 25 for retained personnel or lay persons from within the detainee population for 26 requests to commander to meet detainee religious needs, but do not 27 establish a religious or spiritual relationship through service provision or 28 confidential communications with detainees. 29

30



IMPLEMENTATION

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Chapter 2 - General Detainee Policy 1

2

2-1 . General Detainee Operations Policy 3 4 a. Detainees will be safely transported as soon as practical from the point of 5

capture to detainee collection points, holding facilities or other internment 6 facilities operated by the DOD Components. From the point of capture to 7 the theater internment facility, detainees will receive treatment consistent 8 with EPW status unless a different status is determined by a competent 9 authority . 10

11 b. Commanders may authorize the holding of detainees at the point of capture 12

for periods that are in accordance with current DoD Policy . Detainees held 13 at the point of capture, at a minimum, are entitled to the general protections 14 stated in paragraph 2-2 of this regulation; if a competent authority has not 15 yet reviewed their status, they will receive the full protections of the GPW. 16

17 c. When medical personnel determine that, due to wounds or sickness, 18

prompt evacuation would be more dangerous to the detainee’s survival than 19 holding at the point of capture, the detainee will be moved to a DOD 20 internment facility as soon as medically feasible. 21

22 d. Detainees may be subject to tactical questioning in accordance with DOD 23

Directive 3115.09, at or near the point of capture to obtain time-sensitive 24 tactical intelligence. Intelligence interrogations will be conducted only by 25 interrogators properly trained and certified and in accordance with Army 26 Field Manual 2-22.3. 27

28 e. In cases where detainees are interned at the point of capture for medical 29

reasons, the custodial unit will provide the same standards of 30 accountability, treatment and care as a designated internment facility in 31 accordance with this regulation. 32

33 f. Detainees are to be respected and protected. The minimum force 34

protection requirements for safeguarding detainees are the same as those 35 for detaining units; the Geneva Conventions require that they be quickly 36 evacuated from the battlefield and protected from harm at all times. No 37 detainee may at any time be sent to or detained in areas where he may be 38 unnecessarily exposed to enemy fire or the hazards of the combat zone, 39 nor may his presence be used to render certain points or areas immune 40 from enemy military operations. 41

42 g. Detainees and their property shall be accounted for and records maintained 43

according to applicable law and policy. 44 45

h. Detainees shall be assigned an ISN as soon as possible, normally within 14 46 days of capture. DOD Components shall maintain full accountability for all 47 detainees under DOD control. Once the ISN is assigned, it will be used as 48 the only identifier for the detainee; his property and all records pertaining to 49 the detainee. No other identification number is authorized. Records 50 generated prior to the assignment of the ISN will be retroactively annotated 51 with the ISN. All detention records generated for an ISN detainee will be 52 archived as directed by the NDRC at the end of conflict. 53



IMPLEMENTATION

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i. The ICRC, or a designated Protecting Power, will be notified of the ISN 1 assignment by the NDRC. 2

3 4 j. In cases of mass capture or surrender of entire military units or large groups 5

of people, combatants should be disarmed and those with the greatest 6 intelligence value identified for interrogation or debriefing depending upon 7 which means of exploitation is more appropriate. Repatriation of the 8 remainder should be considered, with final determination directed by the 9 CCDR. 10

11 k. The punishment of detainees known to have or suspected of having, 12

committed serious offenses will be administered in accordance with due 13 process of law and under legally constituted authority per this policy and all 14 applicable laws, regulations and policies and other issuances including the 15 applicable Geneva Conventions, the Uniform Code of Military Justice 16 (UCMJ) and the Manual for Courts Martial or the Military Commissions Act 17 and the Manual for Military Commissions. No detainee will receive a 18 sentence of punishment without a previous judgment pronounced by a 19 regularly constituted court, which includes a properly constituted military 20 commission, affording all the judicial guarantees recognized as 21 indispensable by civilized peoples. 22

23 l. Detainees are to be protected from insults and public curiosity. They will 24

not be photographed, filmed, videotaped, nor have their images otherwise 25 electronically captured, except for authorized purposes. The DFC may 26 authorize photographs for official administrative, law enforcement, 27 intelligence and/or counterintelligence purposes. For any other purpose, 28 photographs require the prior authorization of the first general/flag officer 29 (GO/FO) in the DFC’s chain of command; however, identifying images of 30 detainees will not be publicly released absent prior authorization by the 31 CCDR. 32 33

m. Interviews of EPW, CI, RP and other detainees by news media will not be 34 permitted. Requests for media access to EPW, CI, or other detainee 35 internment facilities will be coordinated through the Public Affairs Office, 36 and the servicing Office of the Staff Judge Advocate , and approved by the 37 first commander who exercises General Court Martial Convening Authority 38 over the internment facility. Requests for exception to policy will be 39 forwarded through command channels to HQDA (SAPA-PP), Washington, 40 D.C. 41

42 n. Interviews of detainees by news media are not permitted. Requests for 43

media access to detainee internment facilities, as well as requests to take 44 photographs of detainees that do not allow for identification of individuals or 45 subject detainees as a group, to insults or public curiosity, will be 46 coordinated through the Public Affairs Office (PAO) and with the service 47 Office of the Staff Judge Advocate and approved by the first general/flag 48 officer (GO/FO) in the DFC’s chain of command. 49 50

o. In accordance with current DoD Policy, all interrogations conducted at DoD 51 controlled theater level detention facilities, such as a Theater Internment 52 Facility (TIF) must be audio-video recorded. This mandate applies to the 53 Military Services and any other organization that conducts an interrogation 54 at a DoD controlled TIF. This mandate further requires all interrogations of 55



IMPLEMENTATION

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detainees interned in a TIF, who are temporarily transferred to another 1 location, such as a medical treatment facility, be audio-videotaped. The 2 military intelligence unit in charge of interrogations at the TIF is responsible 3 for ensuring that all interrogations are compliant with the mandate. While 4 the mandate calls for interrogation operations to cease in the event of 5 equipment failure, it does allow for interrogation center commanders to 6 make crucial force protection decisions by allowing them to certify, in 7 writing, incidents of equipment failure and allow the interrogation continue. 8 The Secretary of Defense, or his designee, may approve recording waivers 9 on a case by case basis, as well as recording suspension requests on an 10 individual location basis. 11

12 p. The ICRC shall be allowed to offer its services during armed conflict, 13

however characterized, to which the United States is a party. A neutral 14 state or other international humanitarian organizations may be designated 15 by the U.S. Government as a Protecting Power (PP) to monitor whether 16 protected persons are receiving humane treatment as required by this 17 regulation and all applicable laws, regulations and policies and other 18 issuances including the Geneva Conventions. 19

20 q. No person subject to this regulation shall accept the transfer of a detainee 21

from another U.S. Government Department or Agency, coalition forces, 22 allied personnel or other personnel not affiliated with DOD or the U.S. 23 Government, except in accordance with applicable law, regulation, policy, 24 orders or other issuances. 25

26 r. No detainee shall be released or transferred from the care, custody or 27

control of a DOD Component except in accordance with applicable law, 28 regulation, policy, orders and other issuances. 29

30 s. All persons subject to this regulation shall receive complete training, 31

commensurate with their duties, in: 32 33

(1) The Geneva Conventions and all laws, regulations, policies and 34 other issuances applicable to detainee operations; 35

(2) Prevention of violation of same; and 36 (3) The requirement to report alleged or suspected violations that occur 37

during the course of detainee operations. 38 (4) DoDD 2311.01E Law of War 39

40 t. All persons subject to this regulation shall receive such training and 41

instruction in advance of participating in or supporting detainee operations 42 and annually thereafter. Training requirements and completion shall be 43 documented according to applicable law and policy. 44

45 2-2. General Detainee Treatment Policy 46 47

a. All persons captured, detained, interned or otherwise held by Armed Forces 48 of the United States during the course of conflict or any other military 49 operation will be accounted for and given humane treatment from the 50 moment they fall into the control of the Armed Forces of the United States 51 until final release, transfer out of U.S. control or repatriation. Prior to 52 transfer, the appropriate U.S. Government representative will ensure that 53 the receiving government is willing and able to apply the Geneva 54



IMPLEMENTATION

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Conventions to transferred EPW, RP or CI and gain assurances of humane 1 treatment for other detainees. 2

3 b. The inhumane treatment of detainees is prohibited and is not justified by the 4

stress of combat or deep provocation. The inhumane treatment of 5 detainees is punishable under the UCMJ and U.S. Law. 6

7 c. All detainees will be provided with treatment consistent with the GPW until 8

some other legal status is determined by a competent authority. (See 9 paragraph 2-5 regarding status determinations.) 10

11 d. All persons subject to this regulation shall observe the law of war and shall 12

apply, without regard to a detainee’s legal status, at a minimum, the 13 standards articulated in Common Article 3 to the Geneva Conventions of 14 1949, as construed and applied by U.S. law and DOD policies, in the 15 treatment of all detainees, until their final release, transfer out of DOD 16 control or repatriation. [Note that certain categories of detainees, such as 17 EPW and CI, will enjoy additional protections, under the law of war, in 18 addition to the minimum standards prescribed in this paragraph and 19 Common Article 3.] The full text of Common Article 3 is reproduced below 20 and provides that: 21

22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55

Common Article 3, Geneva Conventions of 1949

In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each party to the conflict shall be bound to apply, as a minimum, the following provisions: 1. Persons 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, without any adverse distinction founded on race, color, religion or faith, sex, birth or wealth or any other similar criteria. To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: (a) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) Taking of hostages; (c) Outrages upon personal dignity, in particular, humiliating and degrading treatment; (d) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples. 2. The wounded and sick shall be collected and cared for. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict. The Parties to the conflict should further endeavor to bring into force, by means of special agreements, all or part of the other provisions of the present Convention. The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.



IMPLEMENTATION

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1 2 3

e. In addition, it is U.S. policy that all detainees will be provided – 4 5

(1) Adequate food. The daily food ration procured from an approved food 6 source will be sufficient in quantity, quality and variety to maintain 7 detainee health and prevent loss of weight or development of nutritional 8 deficiencies. The customary diet of the detainees will be considered. 9

10 (2) Potable water for drinking will meet established standards and will be 11

provided in sufficient quantity to maintain detainee health and prevent 12 dehydration, loss of weight or development of nutritional deficiencies. 13

14 (3) Sufficient water and soap and associated facilities for personal hygiene 15

and laundry requirements. 16 17 (4) Adequate shelter. At a minimum, the facilities used to shelter detainees 18

will: 19 20

(a) Be sufficient to protect them from the elements and the hazards of 21 war and other risks associated with the local area; 22 (b) Not limit the detainees’ ability to stand, lie prone and/or sit, yet 23 provide space to decrease the risk of the spread of communicable 24 diseases; 25 (c) Be protected from dampness, adequately lit and heated 26 (particularly between dusk and lights-out); 27 (d) Have adequate precautions taken against the dangers of fire; 28 (e) Have suitable bedding and sufficient blankets in light of the climate, 29 age, sex and health of each detainee. 30 (f) Have latrine facilities, conforming to sanitary rules, available for 31 detainee use. Separate latrine facilities will be provided for each sex. 32 (g) Serve as protection from the hazards of the surrounding area. 33 Detainees will not be located next to obvious military targets such as 34 ammunition sites, fuel facilities or communications equipment. 35 Detainees shall be protected against combat hazards, from conflict with 36 each other and from improper treatment. 37

38 (5) Proper clothing and protective garments for the local climate conditions. 39 40 (6) Medical treatment. To the extent practicable, detainees shall have 41

access to a similar standard of medical care as U.S. and coalition 42 forces in theater to include respect for their dignity and privacy. Under 43 no circumstances will detainees be subject to medical or scientific 44 experiments. 45

46 (7) Reasonable opportunities and the necessary religious artifacts for the 47

exercise of religion, consistent with the requirements of detention. 48 49 (8) Humane treatment without any adverse distinction based upon race, 50

nationality, religion, political opinion, sex or any other criteria. The 51 following acts are examples of prohibited inhumane treatment: murder, 52 torture, corporal punishment, mutilation, the taking of hostages, 53 collective punishments, execution without trial by proper authority and 54 all humiliating and degrading treatment as defined in U.S. law. 55



IMPLEMENTATION

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1 f. All detainees will be respected as human beings. They will be protected 2

against threats or acts of violence including rape, forced prostitution, 3 assault and theft, insults, public curiosity, bodily injury and reprisals of any 4 kind. They will not be subjected to medical or scientific experiments or 5 sensory deprivation. This list is not exclusive. 6

7 g. The minimum humane treatment standards discussed in this paragraph 8

may not be suspended for any reason. 9 10

2-3. Initial actions upon capture or detention 11

12 This paragraph sets forth the requirements for detainee operations from the 13 moment of capture to a detainee’s arrival at an established detention facility 14 such as a Detainee Collection Point (DCP) or Detainee Holding Area (DHA). 15 16 a. From point of capture to the DCP or DHA, all detainees shall be: 17

safeguarded; treated humanely; provided adequate food and water; 18 provided shelter; provided medical care and hygiene facilities; provided 19 adequate clothing; provided protection of their personal property; be 20 protected from public curiosity; and, to the extent practicable, be permitted 21 to practice their religion. 22

23 b. All detainees shall be protected, safeguarded and accounted for at all 24

times. All detainees will, at the time of capture, be tagged using DD Form 25 2745. All equipment, documents and personal property confiscated during 26 the search must be tagged and administratively accounted for by the 27 capturing or detaining unit using only the pre-printed number from the DD 28 Form 2745. 29

30 c. Each detainee will be searched immediately after capture. Use males to 31

search males and females to search female detainees, unless the 32 immediate situation requires otherwise. 33

34 d. Detainees shall be restrained using the least restrictive method available to 35

maintain positive control. Restraints should be applied in such a manner 36 that allows detainees to stand, sit and lie in a prone position. Detainees 37 should not be restrained to fixed structures or objects while in transport 38 unless specifically authorized by the CCDR. 39

40 e. Weapons and items of potential intelligence and or evidentiary value will be 41

confiscated. Equipment or documents with intelligence value will be turned 42 over to the nearest intelligence unit. Propaganda and other Psychological 43 Operations (PSYOP) materials will be confiscated identified by the 44 detainee’s name and capture tag serial number and receipted on a DA 45 Form 4137 to supporting PSYOPs units through intelligence channels. 46 Capturing units must take measures to ensure the custody and integrity of 47 confiscated items. 48

49 f. Detainees will be segregated by categories of officer, noncommissioned 50

officer, enlisted, gender, juveniles, nationality, recognized ethnic groups, 51 deserters, security risk or any other category that the senior officer or 52 noncommissioned officer (NCO) having custody of the detainees 53 determines is necessary to ensure the detainees’ security, health and 54



IMPLEMENTATION

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welfare. For the purposes of this subparagraph, juveniles are detainees 1 under eighteen (18) years of age; however, dependent children will not be 2 segregated from their parent(s). 3

4 g. Segregation should prevent detainees from communicating by voice or 5

visual means. Guards will communicate with the detainees only to give 6 commands and instructions. Segregation is a method used to facilitate 7 sorting of detainees and maintain security particularly in the initial stages 8 after capture. Separation, is an interrogation technique, is a restricted 9 technique is subject to specific approval requirements and limitations on its 10 use [see FM 2-22.3]. 11

12 h. Return personal effects to the detainees as the situation and security 13

requirements allow. Items such as jewelry, helmets, canteens, protective 14 mask and chemical protective garments, clothing, identification cards and 15 tags, badges of rank and nationality and Red Cross brassards, articles 16 having personal or sentimental or religious value and items used for eating 17 (except knives and forks) shall be returned to detainee as soon as the 18 situation permits. 19

20 i. Currency will only be confiscated from detainees on the order of a 21

commissioned officer and will be receipted for using DA Form 4137 22 (Evidence/Property Custody Document). Separate accounting of currency 23 by detainee cross-referenced with capture tag number and/or ISN will be 24 accomplished to identify what currency was confiscated from which 25 detainee. An investigation, such as JAGMAN or AR 15-6 will be 26 conducted and appropriate intelligence organizations will be notified when 27 detainees are found in possession of large sums of currency. 28

29 j. All confiscated items must be linked to the detainee by the Capture Tag 30

Number, including confiscated weapons and currency. The Capture Tag 31 Serial Number from the DD Form 2745 serves as the only official tracking 32 number to be used for accountability of detainees and detainee property, 33 prior to the issuance of ISN. DD Form 2745 is perforated in three parts. 34 The form is individually numbered and is constructed of durable, 35 waterproof, tear-resistant material and has reinforced eyeholes at the top of 36 parts A and C. Part A is attached to the detainee with wire, string or other 37 type of durable material. Part B is retained by the capturing unit and 38 maintained in the unit's records. Part C is attached to the property 39 confiscated from the detainee, so that it may later be matched to that 40 detainee. Once an ISN is issued to a detainee it will be the only 41 identification number used to track a detainee. The Capture Tag Serial 42 Number will be added to the detainees record. 43

44 k. Units must provide the date of capture, location of capture (grid 45

coordinates), capturing unit and the circumstances of the capture (how the 46 detainee was captured or detained). The remaining information must be 47 included on the tag as it becomes available. 48

49 l. A receipt DA Form 4137 will be prepared to account for all property that is 50

taken from the detainee. Copies of DA Form 4137 will be maintained by the 51 capturing unit to establish positive accountability of the detainee’s property. 52 DA Form 4137 will be used to account for property released before final 53 disposition is ordered. The original DA Form 4137 will be evacuated with 54 prisoners for inclusion in their personnel records. 55



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1 m. Detainees will be humanely evacuated away from risks associated with the 2

location of the point of capture and into appropriate channels as quickly as 3 possible. Instructions given to detainees during evacuation from the point 4 of capture will be, if possible, in their own language and as brief as 5 possible. 6

7 n. Detainees may be released prior to arrival at the TIF or assignment of an 8

internment serial number as follows: 9 10

(1) At the point of capture (POC). Unless prohibited by policies established 11 by the combatant commander or his designee, immediate release of 12 detainees may be made at the POC based on the decision of the 13 appropriate authority on the ground, who is normally the commander of 14 the capturing unit. The decision should be based on criteria established 15 by the combatant commander or his designee. 16

17 (2) At the DCP/DHA. The commander responsible for the DCP or DHA will 18

oversee the transfer or release of a detainee from a DCP or a DHA. All 19 proposed transfers or releases should be reviewed by the legal advisor 20 to ensure compliance with applicable laws and policy and must be 21 approved by the appropriate authority. 22

23 o. When military necessity requires delay in evacuation beyond a reasonable 24

period of time, health and comfort items will be issued, such as food, 25 potable water, appropriate clothing, shelter and medical attention. 26 Detainees will not be unnecessarily exposed to danger while awaiting 27 evacuation. 28

29 p. Detainees may be subject to tactical questioning or interrogation at or near 30

the point of capture to obtain time-sensitive tactical intelligence. Tactical 31 questioning may be conducted by any DOD personnel trained in 32 accordance with paragraph 3d of DODD 3115.09. Interrogations may be 33 conducted only by interrogators properly trained and certified in accordance 34 with paragraph 3d of DODD 3115.09 and in compliance with Army Field 35 Manual 2-22.3 36

37 q. First aid and medical treatment will be provided to the same extent that the 38

United States provides to its own forces. Sick and wounded detainees will 39 be evacuated separately, but in the same manner as the United States and 40 coalition forces. Accountability and security of detainees and their 41 possessions in medical treatment facilities is the responsibility of the 42 respective echelon commander. Only the ISN (or capture tag if no ISN is 43 assigned) will be used as the identifier on medical documentation. 44 45

r. Accountability will be maintained for all evacuated detainees, regardless of 46 the evacuation channel used. Units designated to receive detainees at 47 collection points or internment facilities will prepare a DD Form 2708 48 (Receipt for Inmate or Detained Person) with a list of each detainee's name 49 attached and provide a copy of the DD Form 2708 to the escort. This copy 50 will be maintained by the capturing unit to substantiate proper care and final 51 disposition of the detainee. The receiving unit will add the original DA Form 52 2708 to the detainees personnel record. [Note: If the detainee has an 53 active ISN only DD Form 2708 generated by the DRS is authorized; use of 54 a DD Form 2708 from any other source will corrupt overall accountability.] 55



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1 2-4. Addressing Suspected Abuse or Mistreatment of Detainees: 2

3 It is policy of the U.S. Armed Forces that -- 4

5 a. All DOD personnel (military, civilian and contractor) must correct, report and 6

document any incident or situation that appears to violate the General 7 Detainee Treatment Policy in paragraph 2-2 above or that might otherwise 8 constitute mistreatment or abuse of detainees or U.S. military prisoners. 9 Acts and omissions that constitute inhumane treatment are violations of 10 U.S. law and policy and the law of war and, as such, must be corrected 11 immediately. If a detainee in DOD custody is in imminent danger of death 12 or serious bodily harm, a U.S. service member has an affirmative, ongoing 13 obligation to stop the violation, as well as report it in accordance with the 14 provisions of this regulation. 15

16 b. All personnel who observe or have knowledge of possible abuse or 17

mistreatment will immediately report the incident through their chain of 18 command or supervision. Reports may also be submitted to the military 19 police, a judge advocate, a chaplain or an inspector general (IG), who will 20 then forward the report through the recipient's chain of command or 21 supervision. Reports made to other officials will be accepted and 22 immediately forwarded through the recipient's chain of command or 23 supervision. All such reports will include an information copy to the 24 appropriate CCDR. 25

26 c. Any commander or supervisor who obtains credible information that abuse 27

or mistreatment has occurred will immediately report the incident through 28 command or supervisory channels to the responsible combatant 29 commander or to another appropriate authority for allegations involving 30 personnel who are not assigned to a combatant commander. In the latter 31 instance, send an information report to the combatant commander with 32 responsibility for the geographic area where the alleged incident occurred. 33

34 d. Any credible allegation or perceived violation of the law of war or of 35

detainee abuse reported by a detainee will be immediately reported to 36 USACIDC or other competent investigative authority and reported to the 37 CCDR as a Serious Incident Report (SIR), in accordance with AR 190-45. 38 Once completed, a copy of the SIR will be added to the detainees personal 39 record and accompany the detainee to the internment facility. A copy of the 40 SIR will be provided to the TDRC and NDRC. All available pertinent 41 information from the detainee will be included in the SIR. A copy of the 42 SIR, related updates and final reports will be provided to NDRC and the 43 relevant CCDR. 44

45 2-5. Tribunals and Status Determinations [SG1] 46

a. Where doubt exists as to the status of a detainee, the detainee’s status will 47 be determined by: 48

(1) A tribunal, as described below, CI Internment Orders; or 49 (2) Specific direction, from the CCDR level or higher, regarding the 50 status of particular individuals. 51 52

b. If during operations abroad, a U.S. citizen (or other person entitled to 53 protections under the U.S. Constitution) is detained, commanders will, 54



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immediately upon discovery of that person's U.S. citizenship (or equivalent 1 entitlement), communicate through the chain of command to the CCDR for that 2 combatant command or higher authority to determine further processing 3 consistent with U.S. law. 4

5 c. If there is doubt as to whether captured persons are prisoners of war as 6

defined in Article 4, GPW, their status shall be determined by a competent 7 tribunal. These are commonly called ―Article 5 Tribunals‖ in reference to 8 Article 5, GPW, and are discussed in paragraph 3-6. An Article 5 tribunal is 9 not necessary when a capturing commander: 10

(1) has no doubt that a captured person is entitled to prisoner of war 11 status, or 12

(2) determines that, based upon specific direction, from the CCDR 13 level or higher, regarding the status of particular individuals, the 14 detained person does not have the prisoner of war status under the law 15 of war. 16

17 d. Civilians may be interned for imperative reasons of security. Decisions 18

to intern a person may be appealed. Appeals of internment orders are 19 discussed in paragraph 5-11; procedures that are consistent with the 20 Civilian Internee Review Tribunals (CIRTs) discussed in paragraph 5-11 21 fulfill the requirement for the periodic review of individual status 22 determinations required by Art. 78 of the GC. 23

24 e. Detainees under DOD control who do not have prisoner of war status 25

under the law of war shall have the basis for their detention reviewed 26 periodically by competent authority. 27

28 f. GPW and GC are silent concerning the composition and procedures for 29

Article 5 Tribunals and CIRTs. It is DOD policy to use the following 30 procedures for these types of tribunals: 31

32 (1) A competent tribunal will be composed of three commissioned 33

officers, one of whom must be of a field grade. The senior officer 34 will serve as President of the Tribunal. Another nonvoting officer, 35 preferably a Judge Advocate, will serve as the recorder. 36

37 (2) The convening authority will be the first GO/FO in the chain of 38

command or a commander exercising general courts-martial 39 convening authority, unless such authority has been properly 40 delegated. 41

42 (3) Minimum standards for conduct of an administrative tribunal 43

include: 44

(a) Notice of the tribunal in a language the detainee understands. 45

(b) An opportunity to provide evidence to the tribunal. 46

(c) Decisions based upon the preponderance of the evidence. 47

(d) A written appeal to the convening authority, upon request. 48

(4) As the security situation permits, and commensurate with the time, 49 resources, and facilities that field military commands can provide, 50



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commanders should direct additional procedural measures so as to 1 increase the body of relevant matters considered by the tribunals; 2 however, any such additional measures are not required by law or 3 treaty. Such measures may include: instituting formal proceedings 4 (under administrative board procedures of the Services, with the 5 detainee as a named Respondent); providing the detainee an 6 opportunity to appear before the board, personally or with a 7 representative; conducting open proceedings, with an interpreter 8 provided for the detainee; providing a summarized transcript of the 9 proceedings to the detainee; and providing the detainee an 10 opportunity to call witnesses on his behalf. 11

(5) A written record will be made of proceedings. This record need not 12 be a verbatim transcript of the proceedings. 13

(6) Detainees will not be compelled to testify or otherwise present 14 evidence to the tribunal. Hearsay evidence offered by the recorder 15 or the detainee may be accepted by the tribunal, if credible. 16

17 (7) Following the hearing of testimony (if applicable) and the review of 18

documents and other evidence, the tribunal will determine the 19 status of the detainee in closed session by majority vote. The 20 recorder will prepare the record of the tribunal within three 21 workdays of the announcement of the tribunal's decision. The 22 record will then be forwarded to the first SJA in the internment 23 facility's chain of command for a ―legal sufficiency‖ review. 24

25 (8) The decision of the tribunal, any evidence admitted before the 26

tribunal, and any additional information provided by the detainee 27 will be presented to the convening authority for a final determination 28 within a reasonable time after the proceedings have concluded. 29

30 2-6 . Hearings and Judicial Proceedings. 31

32 This section applies to detainees who are being tried under the UCMJ, 33 battlefield commissions, or occupation courts for either pre-capture or post-34 capture offenses. It does not apply to cases tried in accordance with the 35 Military Commissions Act of 2009 (MCA); the MCA procedures (10 U.S.C. §§ 36 948a, et seq., and implemented in the Manual for Military Commissions) are 37 beyond the scope of this regulation. 38

39 a. No detainee will be tried or sentenced for an act that was not forbidden by 40

U.S. law, the law of the host nation or by international law in force at the 41 time the act was committed. Detainees cannot be tried a second time by 42 the same authority for the same offense, if first acquitted. 43

44 b. No detainee will be compelled to admit guilt for any offense or to testify 45

against himself at any proceeding. 46 47 c. No detainee will be convicted without having had the opportunity to present 48

a defense with the assistance of a qualified advocate or counsel. 49 50



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d. Accused detainees will be notified promptly of the charges in writing. 1 Charges will be in a language understood by the accused. These persons 2 will be tried as soon as practicable. 3

4 e. Accused detainees will be presumed innocent until proven guilty beyond a 5

reasonable doubt. 6 7

f. The charges will be proved in the accused’s presence. 8 9

g. The accused will have the opportunity to examine or have examined, the 10 evidence and witnesses against him or her and have a reasonable 11 opportunity, under the same conditions as the prosecution to obtain 12 evidence or the attendance of witnesses on his behalf. 13

14 h. Accused persons are entitled to the services of an interpreter, if required. 15 16 i. Verdicts and sentences will be announced publicly. Convicted persons will 17

be advised of their judicial and other remedies and the time-limits within 18 which they may be exercised. 19

20 j. Records of trials will be kept by the first General Court-Martial Convening 21

Authority Staff Judge Advocates’ office in the internment facility's chain of 22 command. These records will be open to inspection by representatives of 23 the PP. 24

25 26 27 28 2-7 . Special policy pertaining to the temporary detention of 29

detainees aboard U.S. Naval vessels: 30 31

a. Detention of detainees on board naval vessels will be limited. 32 33

b. Detainees recovered at sea may be temporarily held on board as 34 operational needs dictate, pending a reasonable opportunity to transfer 35 them to a shore facility or to another vessel for transfer to a shore facility. 36

37 c. Detainees may be temporarily held aboard naval vessels while being 38

transported between land facilities. They may also be treated and 39 temporarily quartered aboard naval vessels incidental to their treatment, to 40 receive necessary medical attention if such detention would appreciably 41 improve their health or safety prospects. 42

43 d. Holding of detainees on vessels must be temporary, limited to the minimum 44

period necessary to evacuate them from the point of capture or to avoid 45 significant harm that would be faced if detained on land. 46

47 e. Use of immobilized vessels for temporary holding of detainees is not 48

authorized without the approval of the Secretary of Defense. 49 50

2-8. United States of America and Republic of Korea Agreement 51

Memorandum of Agreement on the Transfer of POW/CIs 52 53



IMPLEMENTATION

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On 12 February 1982, the United States and the Republic of Korea (ROK) 1 signed the ―Memorandum of Agreement on the Transfer of Prisoners of 2 War/Civilian Internees.‖ This agreement governs the procedures and forms 3 for the processing and transfers of EPW and CI by ROK and US armed forces 4 within the Korean theater of operations. 5 6

2-9. Medical Treatment of Detainees 7

8 Detainees will not be denied medical care. 9

10 a. Decisions regarding appropriate medical treatment of detainees and the 11

sequence and timing of that treatment are the sole province of assigned 12 medical personnel.. 13

14 (1) To the extent practicable, detained personnel must have access to 15

a similar standard of care as members of the Armed Forces of the 16 United States to include respect for their dignity and privacy. 17

18 (2) It is the duty of health care personnel charged with the medical care 19

of detainees to protect and care for their physical and behavioral 20 health and to ensure humane treatment. Medical personnel will 21 report suspected incidents of detainee mistreatment as specified in 22 paragraph 2-4 of this regulation. 23

24 (3) Health care personnel charged with the medical care of detainees 25

will maintain a professional provider-patient relationship with 26 detainees and will not be involved in any relationship which is not 27 solely related to evaluating, treating and protecting their mental and 28 physical health. 29

30 (4) Behavioral Science Consultants (BSC) are trained and qualified in 31

behavioral sciences to provide safe, legal, ethical and effective 32 interrogation consultative services to support authorized law 33 enforcement, intelligence activities and detention operations. They 34 may observe but not conduct or direct interrogations. They may not 35 provide health care to detainees or staff (except in emergency 36 circumstances in which no other health care providers can respond 37 adequately to save life or prevent permanent impairment). They are 38 authorized to make psychological assessments of character, 39 personality, social interactions and other behavioral characteristics 40 of detainees, including interrogation subjects and to advise 41 authorized personnel performing lawful interrogations and other 42 lawful detainee operations regarding such assessments. 43

44 (5) Health care personnel will not apply physical restraints unless it is 45

in accordance with medical criteria to protect the mental or physical 46 health or safety of the detainee or for the protection of other 47 detainees or those treating, guarding or otherwise interacting with 48 them. 49

50 (6) Medical personnel assigned to support detainee operations will 51

complete detainee-specific individual or collective training pursuant 52 to Appendix D of this regulation. 53

54



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b. Utilization of medical personnel. 1 2

(1) The medical command (deployment support) (MEDCOM [DS]) 3 commander as the senior medical officer appoints a detainee 4 operations medical director (DOMD) to oversee and guide all 5 elements of health care delivery to detainees within the theater. 6

7 (2) Medical personnel provide all detainee health care to include: 8

inprocessing, periodic and outprocessing screening examinations; 9 all routine and emergency outpatient care; all dental and behavioral 10 health care; all inpatient care including critical care; and all detainee 11 medical transfers. 12 13

(3) Required military medical personnel will be provided within the 14 capability of the CDO. 15 16

(4) Medical personnel will not perform guard duties for hospitalized 17 detainees. Guards will be provided by the DFC as necessary. 18 Guards will not provide first aid except in emergency situations. 19

20 c. Medical treatment facilities. Each detainee internment facility will provide 21

personnel, material and facilities for adequate routine and emergency 22 dispensary treatment. Patients requiring hospital treatment will be moved 23 to a US medical treatment facility due to security considerations. The 24 treatment provided at the US military hospital must be commensurate with 25 medical treatment provided to the average US Soldier in that theater of 26 operations. . When US medical treatment facilities are not available or their 27 use is not feasible due to security considerations, civilian hospital facilities 28 may be used. Civilian hospital facilities must provide detainees the same 29 level of care as stated above . 30 31

d. Medical care. 32 33

(1) Medical and dental care, including dentures, spectacles and other 34 required artificial appliances, will be provided to detainees assigned 35 ISN in accordance with AR 40-3. 36 37

(2) A medical officer will examine each detainee upon arrival at an 38 internment facility and monthly thereafter. The detainee will not be 39 admitted into the general population until medical fitness is 40 determined. These examinations will detect vermin infestation and 41 communicable diseases, especially tuberculosis, malaria and 42 venereal disease. They will also determine the state of health, 43 nutrition and cleanliness of each detainee to ensure compliance 44 with paragraph 2-2 of this regulation. During these examinations, 45 each detainee will be weighed. If an ISN has not been assigned 46 the weight will be recorded on DA Form 2664. For ISN detainees 47 the weight must be recorded in the DRS. 48 49

(3) Tuberculin skin test (TST) will be administered to all detainees 14 50 years of age and older. After a positive periodic tuberculin skin test 51 (TST), each detainee will be given an initial radioscopic chest 52 examination. If active disease is found, pulmonary or infectious 53 disease consultation is required. If no active disease is found, the 54 individual will be followed through routine periodic examinations. 55



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1 (4) For children up to 14 years of age, a tuberculin skin test (TST) will 2

be administered. No chest x-ray is necessary if the TST is 3 negative. The local medical officer will establish guidance for 4 subsequent tests based on the tuberculosis experience of the 5 population. Routine annual tuberculin testing of child detainees 6 under the age of 14 is not warranted unless there is clear-cut 7 evidence of high risk. (See AR 40-26.) 8 9

(5) Each detainee will be immunized or re-immunized as prescribed by 10 the DOMD. 11 12

(6) Experimental research will not be conducted on the detainee, even 13 if the detainee agrees to it. 14 15

(7) Sick call for the detainee desiring medical attention will be held 16 each day. Emergency treatment will be provided at all times. 17

18 e. Records and reports. 19

20 (1) General. The medical records and forms used for the 21

hospitalization and treatment of U.S. Army personnel will be used 22 for detainees. The letter ―D‖ should be stamped at the top of the 23 form, along with the ISN or Capture Tag number. Medical and 24 dental records will accompany the detainee when they are 25 transferred. When an ISN detainee is released or repatriated or if 26 an ISN detainee dies or escapes from US Forces Custody the 27 entire medical record will be forwarded to the TDRC for archiving. 28 29 30

(2) Translated summarized health care report. At the time of release 31 each detainee who has undergone medical treatment will be given, 32 upon request, a translated summarized health care report indicating 33 the nature of his illness or injury and the duration and kind of 34 treatment given. A duplicate of this report will be forwarded to the 35 TDRC. 36 37

(3) Seriously ill report. When a detainee is seriously ill because of 38 injury or disease, the internment facility or medical treatment facility 39 commander will notify the TDRC without delay and provide a brief 40 diagnosis of the case. Follow-up reports, including notification of 41 removal from the seriously ill list, will be submitted each week 42 thereafter during the period the detainee remains critical. 43 44

(4) Released detainees should be provided a copy of their medical 45 record with all U.S. military unit designations and health care 46 provider and other medical support personnel identification 47 redacted. 48

49 f. Preventive Medicine. 50

51 (1) All sanitary measures necessary to ensure clean and healthy 52

internment facilities to prevent epidemics will be undertaken. 53 Preventive medicine personnel or a medical officer will conduct and 54 document health and sanitation inspections on at least a monthly 55



IMPLEMENTATION

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basis as prescribed by USACHPPM TG 307. DFC will ensure 1 preventive medicine personnel conduct and document periodic and 2 detailed sanitary inspections. 3 4

(2) Preventive medicine personnel will ensure water is potable and 5 food preparation and processing areas are maintained to standard 6 as required by paragraph 2-2 of this regulation. 7 8

(3) Each detainee will be provided with sanitary supplies, service and 9 facilities necessary for their personal cleanliness and sanitation. 10 Separate sanitary facilities will be provided for each sex. 11 12

(4) All detainees will have access to, day and night, latrines that 13 conform to the rules of hygiene and are maintained in a constant 14 state of cleanliness. In any internment facilities in which women 15 are accommodated, separate latrines will be provided for them. 16 17

(5) Each detainee upon arrival at the internment facility will be 18 examined. A detainee will not be admitted into the general 19 population until medical fitness is determined. A detainee with a 20 contagious disease, mental condition or other illness, as 21 determined by the medical officer, will be segregated from other 22 patients. A list of endemic diseases of military importance can be 23 obtained from the theater surgeon or preventive medicine officer. 24 25

(6) Detainees will be immunized and re-immunized against other 26 diseases as recommended by the theater surgeon. 27 28

(7) Detainees suffering from serious disease or whose condition 29 necessitates special treatment, surgery or hospital care, must be 30 admitted to any military or civilian medical unit where such 31 treatment can be given. 32

33 2-10. Death and burial 34

35 In the event of a detainee death, the commander of the internment facility or unit will 36 immediately notify USACIDC or the responsible MCIO. Upon declaration of death, 37 the remains will be placed in a clean body bag and secured until the arrival of the 38 investigating authority. The remains will not be washed and all items on or in the 39 body will be left undisturbed except for weapons or other items that pose a 40 continuing threat. The investigative authority will contact the Office of the Armed 41 Forces Medical Examiner (OAFME), which will determine whether an autopsy will 42 be performed. The body will not be released from U.S. custody without written 43 authorization from the OAFME and the MCIO. Determination of the cause and 44 manner of death will be the sole responsibility of the OAFME or other competent 45 medical authority designated by the OAFME and the CCDR. 46

47 a. For general procedures and authorized expenses for the care and 48 disposition of remains, see AR 638-2 and AR 638-40. 49 50 b. When a detainee has chosen to make a will, while at the internment 51 facility, the original and two certified copies will be forwarded to the Theater 52 Detention Reporting Center upon death or at the detainee’s request. 53 54



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c. When a detainee in U.S. custody dies, the attending medical officer will 1 immediately furnish the accountable DFC and medical treatment facility 2 commander or other accountable officer with the following information: 3 4

(1) Full name of deceased. 5 (2) ISN of deceased. Mandatory if ISN assigned, otherwise 6 provide Capture Tag number. 7 (3) ICRC number, if available. 8 (4) Date and place of death. 9 (5) Method used to positively identify the detainee, example; iris 10 scan, fingerprints, or photographs. 11

12 d. Upon the death of a detainee, the internment facility, unit or medical 13 treatment facility commander will immediately notify the CCDR and TDRC 14 by the most expeditious means and report the death to HQDA as a SIR, in 15 accordance with AR 190–45. The data listed in subparagraph (c) above will 16 be included in the SIR. All supplemental reports will clearly reference the 17 original message with the original DTG. An initial report of death will be 18 entered into DRS within 4 hours when an ISN detainee dies. 19 20 e. The Armed Forces Medical Examiner or their designee will complete 21 DD Form 2064 (Certificate of Death (Overseas)). The deceased’s full 13-22 digit or 14-digit ISN and ICRC identification number (if available) will be 23 included in the block labeled ―Social Security Number.‖ The required 24 distribution of DD Form 2064 is as follows: 25 26

(1) Original—NDRC. Distribute within 48 hours of signing the 27 death certificate. 28 (2) Copy—TDRC. Distribute within 48 hours of signing the death 29 certificate. 30 (3) Copy—The Surgeon General. Distribute within 72 hours of 31 signing the death certificate. 32 (4) Copy—Detainee's Personnel File. 33 (5) Copy - If the detainee dies in the United States, a copy will be 34 sent to the proper civil authorities responsible for recording deaths 35 in that State. Distribute within 72 hours of signing the death 36 certificate. 37

38 f. Investigate all cases of detainee death or serious injury IAW the 39 provision of AR 195-2. 40 41 g. Burial, record of internment and cremation. Deceased detainees will be 42 buried honorably in a cemetery set up for them according to AR 638-2 and 43 if possible, according to the rites of their religion. Unless unavoidable 44 circumstances require the use of collective (group or mass) graves, the 45 detainee will be buried in a separate grave. Graves Registration Services 46 will record information on burials and graves. A copy of DD Form 551 47 (Record of ) will be forwarded to the Theater Detention Reporting Center. 48 The United States will care for graves and record any subsequent moves of 49 the remains. A body may be cremated only because of imperative hygiene 50 reasons, the detainee’s religion or the detainee’s request for cremation. 51 The reason for cremation of a body will be cited on the death certificate. 52 Ashes will be kept by Graves Registration until proper disposal can be 53 decided according to the instructions of the PP. 54 55



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h. Burial at sea and after land transfer. If a detainee dies at sea, the body 1 will not be buried there unless absolutely necessary. If the body has to be 2 buried at sea, the procedures prescribed for U.S. troops will be followed as 3 closely as possible; however, a U.S. flag will not be used. When death 4 occurs during a land transfer, the responsible officer will follow the same 5 procedures for burial prescribed for U.S. military personnel. 6 i. Release of Remains to Next of Kin. CCDR may establish policy 7 allowing release of remains to next of kin. Requests for remains will 8 received through the ICRC. Remains will be released to the ICRC for 9 return to the requesting next of kin. Remains shall be accounted for in 10 accordance with DA PAM 638-2. 11 12 j. The personnel files of a deceased person with all pertinent records will 13 be forwarded to the TDRC. 14 15 k. The NDRC will notify the ICRC of all detainee deaths. Detainee 16 Certificates of Death (DD Form 2064) will be maintained by the NDRC for 17 the period of hostilities or occupation. At the end of declared hostilities or 18 occupation, the NDRC is responsible to archive all detainee DD Form 19 2064s IAW AR 25-400-2. 20

21

Chapter 3 - Detention of Enemy Prisoners of War 22

23

3-1. General: 24 25

The United States may detain EPWs until the cessation of hostilities and may detain 26 EPWs in internment facilities located both in and outside CONUS. 27 28 3-2. Definition: 29

30 The term ―enemy prisoner of war‖ (EPW) is used to identify individuals captured, 31 detained, held or otherwise under the control of DOD personnel (military, civilian or 32 contractor employee) who are captured during the course of an international armed 33 conflict and who meet the criteria found in Article 4, GPW as persons belonging to 34 one of the following categories: 35

36 a. Members of the armed forces of a party to the conflict as well as members 37

of militias or volunteer corps forming parts of those armed forces. 38 39 b. Members of other militias and members of other volunteer corps, including 40

those of organized resistance movements, belonging to a party to the 41 conflict and operating in or outside their own territory, even if this territory is 42 occupied, provided that such militias or volunteer corps, including such 43 organized resistance movements, fulfill all of the following conditions: 44

45 (1) Are commanded by a person responsible for his subordinates; 46 (2) Have a fixed distinctive sign recognizable at a distance; 47 (3) Carry arms openly; 48 (4) Conducting their operations according to the laws and customs of 49

war. 50 51 c. Members of regular armed forces who profess allegiance to a government 52

or an authority not recognized by the Detaining Power. 53 54



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d. Persons who accompany the armed forces without actually being members 1 thereof, such as civilian members of military aircraft crews, war 2 correspondents, supply contractors, members of labor units or of services 3 responsible for the welfare of the armed forces. Identification cards shall be 4 provided by the armed forces which they accompany to show authorization. 5

6 e. Members of crews, including masters, pilots and apprentices, of the 7

merchant marine and the crews of civil aircraft of the parties to the conflict, 8 who do not benefit by more favorable treatment under any other provisions 9 of international law. 10

11 f. Inhabitants of a non-occupied territory, who on the approach of the enemy 12

spontaneously take up arms to resist the invading forces, without having 13 had time to form themselves into regular armed units, provided they carry 14 arms openly and respect the laws and customs of war. 15

16 3-3. Applicability of General Detainee Treatment Policy: 17

18 While EPWs are under DOD custody and control, the General Detainee Treatment 19 Policy stated in paragraph 2-2 of this regulation is applicable. 20 21

22 3-4. General processing requirements applicable to EPWs: 23

24 a. An EPW will be required to show the identification card issued by 25

his/her government; however, in no case may the card be taken from 26 the individual. 27

28 b. EPW’s will be issued an ISN and processed using the Detainee 29

Reporting System (DRS), if available. If DRS is not available DA Form 30 4237 will be used. Once DRS becomes available all information from 31 DA Form 4237 will be entered into DRS. 32

c. If an EPW does not hold an identification card issued by his/her 33 government, the EPW will be issued a detainee identification bracelet 34 (generated by DRS) or a completed DA Form 2662 (EPW Identity Card) 35 if DRS is not available. The identification card or ID bracelet will be in 36 the possession of the EPW at all times. A notation indicating 37 preparation of DA Form 2662 will be made under item 36 of DA Form 38 4237 (Detainee Personnel Record) if DRS is not available. 39

40 d. Biometrics required by SECDEF will be collected from each detainee 41

during initial processing. Biometrics include:. 42 (1) Photographs: 5-Aspect photos will be taken of each detainee (front, 43 left, 45 degree left, right, 45 degree right) and uploaded into DRS. If 44 DRS is not available 5-aspect photos will be taken of the detainee and 45 attached to the DA Form 4237 46 (2) DNA: Buccal (cheek) swabs of the detainee will be taken and 47 mailed to AFDIL. Annotation will be made in DRS to show DNA has 48 been taken. 49 (3) Fingerprints: Will be taken electronically using the Biometric 50 Automated Tool Set (BATS) or its equivalent. Fingerprints will then be 51 uploaded into the Automated Biometric Identification System (ABIS). If 52 (BATS) is not available a DA Form 2663 (Fingerprint Card) will be 53



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prepared in duplicate for each EPW. One copy will be placed in the 1 detainees’ record and will accompany the EPW upon transfer. The 2 other copy will be forwarded to the TDRC. 3 (4) Iris Scans: Will be taken of detainees using BATS or its equivalent. 4 Iris scans will then be uploaded into ABIS. 5 (5) Any other biometrics required by SECDEF 6

7 3-5. Special benefits afforded to EPWs: 8

9 Under the applicable laws of war, EPWs are afforded benefits in addition to those 10 provided by the General Detainee Treatment Policy in this regulation, including: 11 12

a. Access to morale, religious, intellectual, educational, social, physical 13 and recreational activities. 14

15 b. The ability to correspond with their families and receive relief 16

shipments, per paragraph 3-12 below. 17 18 c. EPWs will have available copies of the 1949 Geneva Conventions in 19

their own language. 20 21 d. EPW will be interned in facilities according to their nationality and 22

language. They will not be segregated from other prisoners belonging 23 to the Armed Forces with which they were serving at the time of their 24 capture, except with their consent. Officers will be separated from 25 enlisted personnel and females will be separated from males. Officers, 26 NCOs and prisoners of equivalent status will be treated with the regard 27 due to their rank and age. 28

29 e. EPW representatives will be authorized at EPW internment facilities, 30

per paragraph 3-7 below. 31 32 f. The conditions in EPW internment facilities will be as favorable as those 33

for U.S. military forces billeted in the same area and EPWs will be 34 provided quarters, clothing and facility privileges per paragraph 3-9 35 below. 36

37 g. Capture cards will be prepared for each EPW and forwarded to the 38

ICRC or Protecting Power, as outlined in paragraph 3-11, below, so that 39 the prisoners’ relatives may be informed of their capture, address and 40 state of health. The cards will be forwarded as rapidly as possible and 41 may not be delayed. 42

43 h. EPWs are bound to give only their name, rank, date of birth and serial 44

number or equivalent information. If an EPW fails to provide this 45 information, his privileges as an EPW may be restricted. EPWs who 46 refuse to provide any further information than that required above may 47 not be threatened, insulted or exposed to unpleasant or 48 disadvantageous treatment of any kind. 49

50 3-6. Article 5 Tribunals 51

52 a. Should any doubt arise as to whether persons, having committed a 53

Belligerents act and fallen into the hands of the U.S. forces, belong to 54



IMPLEMENTATION

34

any of the categories enumerated in Article 4, GPW and paragraph 3-2, 1 above, their status will be determined by a competent tribunal. An 2 Article 5 Tribunal will determine the status of any such person. 3

4 b. The procedures for the Article 5 Tribunal are outlined in paragraph 2-5, 5

above. Paragraph 2-5 outlines the minimum standards for the tribunal; 6 as resources and time permit, the convening authority may adopt 7 additional procedures for these tribunals. 8

9 c. Article 5 Tribunals are empowered to recommend that the convening 10

authority designate the following statuses of individuals: 11 12

(1) EPW (Enemy Prisoner of War); 13 14 (2) Retained Personnel (RP) entitled to EPW protections, who 15

should be considered for certification as a medical, religious 16 or volunteer aid society RP. 17

18 (3) Civilian: 19 20

(a) Civilian accompanying the force in EPW status. 21 (b) Civilian who should be immediately returned home or 22

released. 23 (c) CI who for reasons of operational security or probable 24

cause incident to criminal investigation, should be detained 25 or transferred to local law enforcement authorities, as 26 appropriate. [In this case the convening authority should 27 prepare an Internment Order, in accordance with 28 paragraph 5-6, below.] 29

30 (4) Unprivileged Enemy Belligerents. [This status may require 31 further processing in accordance with DOD policy and U.S. law] 32

33 d. Detainees who have been determined by a competent tribunal not to be 34

entitled to EPW status will not be executed, imprisoned or otherwise 35 penalized without further (judicial) proceedings to determine what acts 36 they have committed and what penalty should be imposed. 37

38 3-7. EPW Representatives 39

40 a. Selection of representatives. 41

42 (1) At each enlisted EPW or branch internment facility, EPW’s will 43

select a detainee representative. These representatives will be 44 elected by secret ballot every 6 months and are eligible for 45 reelection. 46

47 (2) EPW will be permitted to consult freely with their representatives. 48

In turn, their representatives will represent them before: 49 50

a. The military authorities. 51 b. The PP. 52 c. The ICRC. 53 d. Other relief or aid organizations. 54

55



IMPLEMENTATION

35

(3) In officer EPW internment facilities or in internment facilities with 1 both officers and enlisted EPW, the senior EPW officer, unless 2 incapacitated or incompetent, will be recognized as the detainee 3 representative. In officer EPW internment facilities, one or more 4 advisers chosen by the EPW officers will assist the detainee 5 representative. The supporting PSYOP unit can assist in 6 identifying officers, key communicators and English speaking EPW 7 who may be hiding within the internment facility population. 8

9 (4) In mixed internment facilities (officers and enlisted), one or more 10

enlisted advisors will be elected to assist the EPW officer 11 representative. 12

13 (5) The DFC will be designated as the final approval authority for each 14

elected detainee representative. When the DFC denies or 15 dismisses an elected representative, a notice to that effect will be 16 sent through channels to the NDRC for forwarding to the ICRC or 17 the PP. Reasons for the refusal will be included. EPW will then be 18 permitted to elect another representative. 19

20 (6) EPW representatives may appoint EPW assistants. These 21

assistants are in addition to the advisers provided for in (1) above. 22 The DFC will also approve the selection of such assistants and 23 their continuance in those positions. 24

25 (7) EPW representatives must be of the same nationality, observe the 26

same customs and speak the same language as the EPW they 27 represent. EPW interned in separate compounds due to differing 28 nationality, language or customs will be permitted to have their own 29 detainee representative according to (1) through (4) above. The 30 DFC will establish the local policy for an escort to accompany the 31 representative. 32

33 b. Duties of representatives. 34

35 (1) Representatives will be responsible for furthering the physical, 36

spiritual and intellectual well-being of the persons they represent. 37 They will not exercise any disciplinary powers. They will not 38 perform any other work if the work interferes with their duties as 39 representatives. They will be allowed a reasonable time to 40 acquaint their successors with their duties and related current 41 affairs. 42

43 (2) Representatives may be given the freedom of movement needed to 44

accomplish their duties, such as inspection of labor detachments 45 and receipt of supplies. Ordinarily, representatives will be 46 permitted to visit places where EPW whose interests they represent 47 are detained. 48

49 (3) Postal and telegraph facilities will be made available to detainee 50

representatives for communicating with U.S. military authorities; 51 PP, if any; the ICRC and its delegates; the Mixed Medical 52 Commission and other organizations authorized to assist EPW. 53

54 3-8. EPW social privileges. 55



IMPLEMENTATION

36

1 EPWs will be encouraged to take part in intellectual, educational and 2 recreational activities. Social privileges will be subject to security 3 considerations and internment facility discipline. The introduction of political 4 overtones into or the furtherance of anti-United States propaganda objectives 5 through these activities is prohibited. 6

7 3-9. Internment of EPW 8

9 EPW will be quartered under conditions as favorable as those for the force of 10 the Detaining Power billeted in the same area. The conditions will make 11 allowance for the habits and customs of the prisoners and will in no case be 12 prejudicial to their health. The forgoing will apply in particular to the 13 dormitories of EPW as it regards both total surface and minimum cubic space 14 and the general installation of bedding and blankets. 15

16 a. Quarters furnished to EPW must be protected from dampness, must be 17

adequately lit and heated (particularly between dusk and lights-out) and 18 must have adequate precautions taken against the dangers of fire. 19 When possible consult the preventive medicine authority in theater for 20 provisions of minimum living space and sanitary facilities. 21

22 b. In internment facilities accommodating both sexes, EPW will be 23

provided with separate facilities for women. 24 25 c. EPW who work may be given additional rations when required. 26 27 d. The use of tobacco will be permitted in designated smoking areas. 28 29 e. EPW will, as far as possible, be associated with the preparation of their 30

meals and may be employed for that purpose in the kitchens. 31 Furthermore, they will be given means of preparing additional food in 32 their possession. Food service handlers must have training in sanitary 33 methods of food service. 34

35 f. Adequate premises will be provided for EPW messing. 36 37 g. Collective disciplinary measures affecting food are prohibited. 38 39 h. Clothing, underwear and footwear will be supplied to EPW in sufficient 40

quantities and allowances will be made for the climate of the region 41 where the prisoners are detained. Outer clothing provided by the 42 Detaining Power will be treated to reduce the threat of disease. 43 Captured uniforms of enemy armed forces will, if suitable for the 44 climate, be made available to clothe EPW. The facility commander will 45 ensure the regular replacement and repair of the above articles. EPW 46 who work will receive clothing appropriate to the nature or location of 47 the work demands. 48

49 i. EPWs will be provided sundry/health and comfort packs, which may be 50

supplemented with items tailored to their cultural needs, as a temporary 51 substitute for establishing canteen operations. When directed by the 52 theater area Provost Marshal or senior Military Police officer in the 53 internment facilities' chain of command, canteens will be installed in all 54 internment facilities, where EPWs may procure foodstuffs, soap, 55



IMPLEMENTATION

37

tobacco and ordinary articles in daily use. The tariff will never exceed 1 local market prices. When authorized, canteens will be operated in 2 accordance with the provisions of the DFAS-IN Regulation 37-1. 3

4 j. Procedures regarding EPWs payment for canteen purchases are 5

contained in DFAS-IN Regulation 37-1. Profits made by internment 6 facility canteens will be used for the benefit of the prisoners; a special 7 fund will be created for this purpose. The prisoners' representative may 8 make suggestions regarding the management of the canteen and of 9 this fund. When an internment facility is closed, the credit balance of the 10 special fund will be transferred to another U.S. internment facility 11 operating in theater. When all facilities are closed, funds will be turned 12 over to an international welfare organization. The fund will be employed 13 for the benefit of EPWs of the same nationalities as those who have 14 contributed to the fund. In case of a general repatriation, profits will be 15 kept by the United States. 16

17 3-10. EPW medical care. 18 19

a. Special facilities will be available for the care and rehabilitation of the 20 disabled, particularly the blind. EPW will be accorded the attention of 21 medical personnel of the power on which they depend and, if possible, 22 of their nationality. The detaining authorities will, upon request, issue to 23 every EPW who has undergone treatment, an official certificate 24 indicating the nature of the illness or injury and the duration and kind of 25 treatment received. The detaining authority will also ensure medical 26 personnel properly complete the DD Form 2808 (Report of Medical 27 Examination), SF 600 (Chronological Record of Medical Care) and DA 28 Form 3444 (Treatment Record). The cost of treatment will be borne by 29 the United States. 30

31 b. Medical inspections of EPW will be held at least once a month, where 32

each detainee will be weighed and the weight recorded in DRS. The 33 purpose of these inspections will be to monitor the general state of 34 health, nutrition and cleanliness of prisoners and to detect contagious 35 diseases, especially tuberculosis, venereal disease, lice, louse-borne 36 diseases and human immunodeficiency virus (HIV). 37

38 c. EPW who, though not attached to the medical service of the Armed 39

Forces, are physicians, surgeons, dentists, nurses or medical orderlies 40 may be required to exercise their medical functions in the interests of 41 prisoners of war dependent on the same power after being certified. 42 They will be classified as Retained Personnel. They will be exempted 43 from any other work. 44

3-11. Complaints and requests to DFCs and ICRC/Protecting 45

Power 46 47

a. EPWs have the right to make complaints and requests to DFCs and the 48 ICRC/Protecting Powers regarding the conditions of their internment. 49 EPWs may not be punished for making complaints, even if those 50 complaints later prove unfounded. Complaints will be received in 51 confidence, as they might endanger the safety of other detainees. 52 Appropriate action, including segregation, will be taken to protect detainees 53



IMPLEMENTATION

38

when necessary. This policy also applies to persons who are confined 1 pending trial or as a result of trial. Upon notification of an ICRC/Protecting 2 Power visit, DFCs will notify the chain of command and the servicing legal 3 advisor of the date, time and general nature of the visit. 4

5 b. Detainees may take complaints or requests to the DFC. 6

7 c. Persons exercising the right to complain to the ICRC or Protecting Power 8

about their treatment and internment facility may do so: 9 10

(1) By mail. 11 (2) In person to the visiting representatives of the ICRC or Protecting 12 Power. 13 (3) Through their detainee representative. 14

15 d. Written complaints to the ICRC/Protecting Power will be forwarded promptly 16

to the NDRC. A separate letter with the DFC’s comments will be included. 17 Military endorsements will not be placed on a detainee’s communication. 18

19 e. Written communications from ICRC/Protecting Power to DFCs or any other 20

military or civilian official of the DOD at any level shall, within 24 hours, be 21 transmitted to the USD(P), with information copies to the Director, Joint 22 Staff; the Assistant Secretary of Defense for Public Affairs; the DOD 23 General Counsel; and the DOD Executive Secretary. ICRC reports 24 received by officials within a COCOM area of operation shall also be 25 transmitted simultaneously to the CCDR. A copy of the communication will 26 be provided to the NDRC for archive inclusion. 27

28 f. Any credible allegation or perceived violation of the law of war or detainee 29

abuse, will be immediately reported to USACIDC or other competent 30 investigative authority and reported to the CCDR and to HQDA as an SIR, 31 in accordance with AR 190-45-0. Once completed, a copy of the SIR will 32 be added to the detainee’s. Copies will be provided to the TDRC and 33 NDRC. 34 35

3-12. EPW correspondence 36 37

a. EPW will be allowed to send and receive letters and cards. There is no 38 restriction on the number or length of letters or cards EPW may receive. 39

40 b. EPW will be permitted to send at least two letters and four cards monthly, in 41

addition to the capture cards provided in Article 70, GPW. In the event 42 EPW are prevented from writing their monthly quota of letters and cards 43 because of a lack of stationery forms, they will be allowed to make up their 44 quotas when forms are available. 45

46 c. All EPW may address complaints, in writing to U.S. military authorities and 47

the Protecting Power. These communications will not be limited in length or 48 number, nor will they be charged against the person's correspondence 49 quota. They will be transmitted without delay. 50

51 d. Letters and cards addressed to persons other than representatives of a 52

Protecting Power or to U.S. military authorities will not: 53 54



IMPLEMENTATION

39

(1) Contain complaints or criticism of any governmental agency or 1 official. 2

(2) Refer to events of capture. 3 (3) Compare internment facilities. 4 (4) Contain quotations from books or other writings. 5 (5) Contain numbers, ciphers, codes, music symbols, shorthand, 6

marks or signs other than those used for normal punctuation. 7 (6) Contain military information on numbers of EPW/RP. (Exceptions: 8

Letters to a Protecting Power or detainee representative or to a 9 relief or aid organization.) 10

(7) Should any such correspondence be discovered, it will be turned 11 over to the supporting counterintelligence element. 12

13 e. Correspondence forms. 14

15 (1) EPW will use DA Form 2667-R (Prisoner of War Mail (Letter)) and 16

DA Form 2668 (Prisoner of War (Post Card)) for correspondence, 17 except as authorized elsewhere in this regulation. Legal 18 documents may be written on blank paper instead of DA forms. 19 Detainee representatives may use ordinary paper in writing to: 20

21 (a) The PP. 22 (b) ICRC. 23 (c) Other approved relief or aid organizations. 24 (d) U.S. military authorities. 25

26 (2) Except for official correspondence by detainee representatives or 27

unless required by HQDA, duplicate copies are prohibited. 28 29 (3) DFC will ensure DA letter and card forms are distributed to 30

EPWs. 31 32 (4) Upon completion of DRS enrollment and ISN assignment, but not 33

later than one week after arrival at an internment facility for 34 processing, each EPW will be permitted to send a DA Form 2666-35 R (Prisoner of War Notification of Address) to a relative or next of 36 kin. 37

38 f. Outgoing letters and cards will be sent unsealed directly from the 39

internment facility to the CDO's designated censorship element. All 40 incoming letters and cards that arrive at an internment facility without 41 having been censored will be sent to the designated censorship 42 element before delivery to addressees. 43

g. 44 45

Communication to the PP or the ICRC. Letters and cards not intended for 46 other addresses and not containing enclosure for other addresses will be 47 forwarded directly from the internment facility to the proper TDRC. 48 49

50 h. Letters and cards will be forwarded without undue delay in pouches 51 or in government envelopes. 52

53 (1) EPW may not write letters for others who are able to write. If an 54

EPW is unable to write, the DFC may permit another person to 55



IMPLEMENTATION

40

write the message. The person doing the writing will countersign 1 the message. 2

(2) EPW legal documents may be enclosed with outgoing correspondence. 3 When it becomes necessary for a detainee to send a legal 4 document, the document and forwarding letter or card may be 5 enclosed in a plain envelope. 6

(3) EPWs will not send maps, sketches or drawings in outgoing 7 correspondence. 8

9 i. EPW will not be permitted to mail or receive registered, certified, insured or 10

Cash on Delivery (COD). 11 12

j. Letters and cards to or from EPW sent by ordinary mail are postage 13 free. 14

15 k. Outgoing letters and cards will be secured by using locked boxes or 16

similar means. Only authorized U.S. personnel will handle outgoing 17 mail. Incoming mail may be sorted by EPW when supervised by U.S. 18 personnel. 19

20 l. Censorship of EPW mail may be instituted by the CDO as follows: 21

22 (1) Outgoing letters and cards may be examined and read by the DFC 23

or designated representative. No censorship action of any kind will 24 be taken at the internment facility. The DFC will return outgoing 25 correspondences to the sender to rewrite any outgoing 26 correspondence containing obvious deviations from regulations. A 27 copy will be provided to the supporting counterintelligence element. 28

(2) DFCs will designate U.S. military personnel to supervise the 29 opening of all mail pouches containing incoming letters and cards 30 for detainees. These items will be carefully examined by the 31 named personnel before delivery to detainees. 32

(3) EPW wishing to make complaints concerning mail delivery must direct 33 those complaints to: 34

35 (a) The internment facility authorities 36 (b) The responsible major commander. 37 (c) The Protecting Power/ICRC. 38

39 m. Parcels. 40

41 (1) EPW may receive individual parcels and collective shipments 42

containing: 43 44

(a) Foodstuffs. 45 (b) Clothing. 46 (c) Medical supplies. 47 (d) Articles of a religious, educational or recreational nature. 48

49 (2) EPW will not be permitted to mail parcels (Article 16, 1974 Universal 50

Postal Convention). 51 52 (3) Parcels received for transferred persons will be forwarded immediately. 53 54



IMPLEMENTATION

41

(4) Nonperishable articles received for EPWs who have died or escaped or 1 who have been repatriated, will be returned to the sender. Perishable 2 items received for deceased or escaped persons will be released to the 3 detainee representative who will deliver them to the internment facility 4 infirmary or hospital for the benefit of other EPWs. 5

6 (5) The contents of all incoming parcels will be examined at the internment 7

facility by a U.S. officer in the presence of the addressee or the named 8 representative. When considered necessary, the DFC may request that 9 the parcel be examined by the censors. Only the parcel contents will be 10 given to the EPW; wrappings and packaging material will not be turned 11 over to the EPW or the designated representative. Examination will be 12 close enough to reveal concealed articles and messages; however, 13 undue destruction of contents of parcels will be avoided. 14

15 n. EPWs may send and receive telegrams or other types of 16 communications as determined by the DFC. They may make, participate in 17 or receive telephone calls or other types of electronic communication under 18 policies developed by the DFC. 19

20 (1) At a minimum: 21 22

(a) An EPW who has not received mail from next of kin for three 23 months may send a telegram or other type of electronic 24 communication. One month from the date a previous telegram 25 or other type of electronic communication was sent, a detainee 26 who has not received a written answer or other communication 27 from the addressee may send another telegram or other type of 28 electronic communication. 29

(b) EPWs unable to receive mail from their next of kin or send mail 30 to them by ordinary postal routes or who are a great distance 31 from their home, will be permitted to send one telegram or other 32 type of electronic communication a month. 33

(c) EPWs who are seriously ill or who have received news of 34 serious illness or death in the family, may be permitted to send 35 a telegram or other type of electronic communication. 36

(d) The DFC may authorize the sending of additional telegrams or 37 other types of electronic communications. 38

39 (2) The sending of telegrams or other types of electronic communication as 40

provided for in (1) above will be governed by the following: 41 42

(a) The message proper will consist of not more than 15 words. 43 (b) The cost, if any, of sending the telegram or other type of 44

electronic communication will be debited to the person's 45 account. 46

(c) Arrangements for messages going to or through enemy-47 occupied countries will be made with the ICRC Field Director. 48

(d) Telegrams or other types of electronic communication, as a 49 general rule, will be written in their native language. 50

(e) No telegram or other type of electronic communication will be 51 sent to a Government official or to a Protecting Power. 52

(f) Telegrams and other types of electronic communication are 53 subject to censorship. 54

55



IMPLEMENTATION

42

o. EPW/RP may receive books. Books, including those in parcels of clothing 1 and foodstuffs, may be confiscated on order of the DFC until they have been 2 properly censored. Publications containing maps may be made available 3 provided they do not contain maps of the territory surrounding the internment 4 facilities. 5 6

p. The following may be made available to EPWs censoring and approval of DFC: 7 8

(1) Current newspapers and magazines published in the English language. 9 (2) Unmarked, unused magazines in the English language, published in the 10

United States and distributed by approved relief or aid. 11 (3) Foreign language newspapers and magazines published in the United 12

States. 13 (4) Newspapers and magazines published outside the United States, 14

regardless of language, must be approved by the CDO. 15 16

3-13. Discipline and security 17 18

Measures needed to maintain discipline and security will be established in 19 each facility and rigidly enforced. The DFC will maintain records of disciplinary 20 punishments. These records will be open to inspection by the Protecting 21 Power. 22

23 a. The following acts will not be permitted: 24

25 (1) Fraternization between EPW, RP and U.S. military or civilian 26 personnel. Fraternization is defined as improper or intimate 27 communications or actions between U.S. personnel 28 and EPW/RP. 29 (2) Donating or receiving gifts or engaging in any commercial activity 30

between EPW/RP and U.S. personnel. 31 (3) Setting up of courts by detainees. Disciplinary powers will not be 32

delegated to or exercised by EPW/RP. Punishment will not be 33 administered by EPW/RP. 34

35 b. The GPW, regulations orders, the contents of any special agreements and 36

notices on the conduct and activities of EPW/RP will be published in a 37 language the detainee understands. They will be posted in places within 38 each facility where the EPW/RP may read them and will be made available 39 to EPW/RP who do not have access to posted copies. Additional copies will 40 be given to the prisoner representatives. Every order and command will be 41 addressed to EPW/RP personally. The supporting PSYOP unit may assist 42 in providing necessary printed, loudspeaker or other audiovisual support in 43 communicating directly to EPW/RP. To protect persons from acts of 44 violence, bodily injury and threats of reprisals at the hands of fellow 45 EPW/RP, a copy of the following notice in the detainees’ language will be 46 posted in every compound: 47

48 49 50 51 52 53 54

NOTICE

EPW/RP who fear that their lives are in danger or that they may suffer physical injury at the hands of other EPW/RP will immediately report the fact personally to any U.S. Armed Forces Personnel of this facility without consulting the EPW/CI representative. From that time on, the facility commander will assure adequate protection to such EPW/RP by segregation, transfer or other means. EPW/RP who mistreat fellow detainees will be punished.

Signed (Commanding Officer)



IMPLEMENTATION

43

1 2

3 4 5 6 7

c. The following military courtesies are required of EPW: 8 9

(1) When the U.S. national anthem is played or ―To the Colors ― or 10 ―Retreat ― is sounded, EPW not in buildings will stand at attention 11 and face toward the music or colors. 12

(2) Besides the courtesies required in their own armies toward their 13 officers, enlisted EPW will salute all commissioned U.S. officers . 14 Officer EPW’s will be required to salute only officers of a higher 15 rank and the DFC regardless of rank. 16

(3) EPW may salute in the way prescribed by regulations in force in 17 their own armies. 18

(4) Other military courtesies will be rendered per AR 600-25 (Salutes, 19 Honors and Visits of Courtesy) and FM 3–21.5 (Drill and 20 Ceremonies). 21

22 d. U.S. military personnel will extend the following courtesies toward EPW: 23

24 (1) U.S. military personnel will not be required to salute EPW or 25

assume the position of attention when addressing them; however, 26 U.S. officers will return the salutes of EPW. 27

(2) When addressing senior officer EPW on official business, U.S. 28 military personnel will be courteous and extend the respect due 29 their rank. 30

31 e. Flags upon which an enemy political emblem or device appears will be 32

seized. EPW/RP will not have any political emblem, insignia, flag or picture 33 of political leaders. Badges of grade and nationality and decoration worn as 34 part of the uniform are permitted. EPW/RP may have pictures of political 35 leaders that appear in magazines, books and newspapers if the pictures are 36 not removed. 37 38

f. Security guidelines outlined below concern the custody and use of 39 EPW/RP. 40

41 (1) Guard work details. EPW on work details will be guarded as 42

required to provide security against escape. Selected EPW/RP may 43 be employed without guards in areas where military personnel are 44 on duty if: 45

46 (a) EPW/RP are under a U.S. work supervisor. 47 (b) Frequent counts of detainees and work inspections are 48

made at irregular intervals. 49 50

(2) Preventing escape. The DFC will ensure that each EPW/RP 51 understands the meaning of the English word ―halt‖. If EPW/RP 52 attempt to escape, the guard will shout ―halt‖ three times, thereafter 53 the guard will use the minimum amount of force necessary to halt 54



IMPLEMENTATION

44

the EPW/RP. If there is no other effective means of preventing 1 escape, deadly force may be used. 2

3 (a) In an attempted escape from a fenced enclosure, a 4

prisoner will not be fired at if he has not cleared the last 5 physical barrier.. 6

7 (b) If they do not halt after the third command to halt, EPW/RP 8

attempting to escape outside a fenced enclosure may be 9 fired upon if there is no other effective means of preventing 10 their escape. 11

12 (c) Per the Geneva conventions an EPW/RP will have 13

succeeded in escaping when he has: 14 15

1. Joined the armed forces of the power on which he 16 depends or those of an ally of that power. 17

2. Left the territory under U.S. control or control of 18 U.S. allied powers. 19

3. Joined a ship flying the flag of the power on which 20 he depends or of an ally of that power, in U.S. 21 territorial waters and the ship is not under U.S. 22 control. 23

24 (d) DFC will report an EPW/RP as escaped when he: 25

26 1. Cannot be accounted for during a scheduled or 27 unscheduled ISN headcount. 28

2. Cannot be accounted for following a special 29 headcount precipitated by evidence an escape has occurred. 30

3. Inpatient accountability is lost at a MTF or other 31 remote site that has duly been assigned accountability for him. 32

33 3-14. EPW Punitive Jurisdiction 34 35

a. Judicial Actions: EPW are subject to punishment under the Uniform Code 36 of Military Justice for violations of the law of war and other U.S. laws, 37 regulations and orders in force at the time of their detention. 38

39 (1) Judicial proceedings against EPW will be by courts-martial or by 40

civil courts. When EPW are tried by courts-martial, pretrial, trial and 41 post trial procedures will be according to the UCMJ and the U.S. 42 Manual for Courts-Martial. An EPW will not be tried by a civil court 43 for committing an offense unless a member of the Armed Forces of 44 the U.S. would be so tried. 45 46

(2) Accused persons will be notified promptly of the charges in writing, 47 in a language understood by the accused. EPW will be tried as 48 soon as possible, after notification. A notification of proceedings 49 against an EPW will be submitted to the NDRC three weeks prior to 50 scheduled proceedings. The NDRC will send such notification to 51 the Protecting Power, when applicable, in cases of charges 52 involving the death penalty or imprisonment for two years or more 53 so that representatives of the Protecting Power may attend the trial. 54



IMPLEMENTATION

45

The Protecting Power will also be notified if in the interest of 1 security, the trial will be conducted with the public excluded. 2

3 (3) Upon request, the Protecting Power will be furnished data on the 4

status of such proceedings. Furthermore, the Protecting Power will 5 be entitled, upon request, to be furnished with all data or any other 6 proceedings started against an EPW. 7

8 (4) Trial will not commence sooner than three weeks after the 9

Protecting Power has been notified. Unless evidence is submitted 10 at the opening of the trial that this regulation has been fully 11 complied with, the trial will not proceed. The following information 12 will be provided to the Protecting Power: 13

14 (a) Surname and first name 15 (b) Military grade, if applicable 16 (c) ISN 17 (d) Date of birth 18 (e) Profession, trade or prior civil capacity of the detainee. 19 (f) Place of internment or confinement. 20 (g) Specification of the charges with penal provisions under 21

which they are brought. 22 (h) Designation of the court that will hear the case. 23

24 (5) Verdicts and sentences, if applicable, will be announced publicly. 25

Convicted persons will be advised of their judicial and other 26 remedies and the time limits within which they may be exercised. 27

28 (6) Records of trials will be kept by the first General Court-Martial 29

Convening Authority (GCMCA) SJA office in the detention facility's 30 chain of command. These records will be open to inspection by 31 representatives of the Protecting Power. 32

33 (7) In each trial by court-martial, EPW will be entitled to assistance by 34

one of their EPW comrades, a qualified advocate or counsel of their 35 own choice and services of a competent interpreter, if needed. The 36 commander concerned will appoint a judge advocate to serve as 37 defense counsel in additional to any other counsel of the accused 38 EPW's choice. The commander concerned will notify the accused 39 EPW of these rights in ample time before the trial. If the accused 40 does not exercise the right to choose an advocate or counsel, 41 notice to that effect will be sent through the NDRC to the Protecting 42 Power to permit the Protecting Power to choose counsel. If the 43 accused and the Protecting Power fail to choose an advocate or 44 counsel, the accused will still be afforded the services of an 45 appointed judge advocate. The accused EPW must consent to the 46 service of the appointed advocate or counsel. If requested by the 47 accused detainee, the commander concerned will appoint an 48 interpreter to assist the accused person during the preliminary 49 hearing and the hearing in court. The interpreter must not be a trial 50 counsel, a defense counsel, an assistant to either, a witness or 51 have any bias or interest in the case. Accused persons have the 52 right to object to the interpreter appointed and to ask for a 53 replacement. 54

55



IMPLEMENTATION

46

1 (8) A copy of the findings and the sentence, if applicable, will be 2

forwarded immediately to NDRC. A summary will be sent to the 3 detainee representative. Notice of the EPW decision to use or 4 waive the right of appeal to the Court of Appeals for the Armed 5 Forces, when review by that court is not mandatory, will also be 6 forwarded to HQDA (OPMG), NDRC, Washington, DC 20310-2800. 7 An EPW/RP waiver of the right to appeal will in no way affect or 8 change the requirement for, review by a supervisory authority, a 9 board of review or the U.S. Court of Military Appeals when such 10 review is required under the UCMJ. If the sentence adjudged is 11 death, one copy of the court-martial record of trial will be forwarded 12 to the NDRC. NDRC will send a copy of all trial results and findings 13 to the Protecting Power. The following information will be included: 14

15 (a) A precise wording of the approved finding and sentence. 16 (b) A summary report of the evidence, including any 17

preliminary investigation, elements of offenses and any 18 defense raised thereto. 19

(c) If applicable, the place where the EPW will serve 20 confinement. 21

22 (9) A sentence to confinement imposed on EPW will be served in the 23

same type of place and under the same conditions as in the case of 24 a member of the U.S. Armed Forces . EPW sentenced to U.S. 25 Disciplinary Barracks (USDB) or Federal penitentiaries will retain 26 their status as EPW/RP. The losing command and Commandant, 27 USDB will coordinate accountability requirements through the 28 NDRC prior to any transfer. 29

30 (10) Lists of all offense that are punishable by death under US laws will 31

be posted in all internment facilities. Duplicate lists will be given to 32 detainee representatives and the Protecting Power. Additional 33 offenses may not thereafter be made punishable by the death 34 penalty without the concurrence of the power on which the detainee 35 depends. 36

37 (11) An EPW can be sentenced to death only if the court has taken into 38

consideration, to the maximum extent possible, the fact that the 39 accused is not a U.S. citizen and is not bound to it by any duty or 40 allegiance and is in U.S. custody as a result of circumstances 41 beyond their own will or control. 42

43 (12) If the death sentence is pronounced, it will not be carried out until 44

six months have passed from the date the Protecting Power 45 received the U.S. notice of the judgment and sentence. OPMG will 46 monitor and acknowledge when the ICRC/Protecting Power has 47 received the notice permitting the execution of the sentence 48

49 b. Disciplinary Actions: When possible, disciplinary rather than judicial 50

measures will be taken for an offense, particularly when the offense is a 51 violation of facility discipline, rather than a violation of the UCMJ. DFC may 52 not delegate the authority to impose disciplinary measures below the Guard 53 Force Company Commander level. [On-the-spot corrections or brief 54 restrictions on liberty required for the maintenance of order and discipline 55



IMPLEMENTATION

47

(as well as the safety of the guard force) are not considered disciplinary 1 actions.] 2 3

(1) The disciplinary measures below are authorized: 4 5

(a) Suspend or eliminate privileges granted over and above 6 the minimum privileges provided for in the GPW 7

(b) Confinement. 8 (c) A fine not to exceed one-half of the advance of pay and 9

working pay that the detainee would otherwise receive 10 during a period of not more than 30 days. 11

(d) Fatigue duties not exceeding two hours daily. This 12 punishment will not be applied to officers. 13

14 (2) EPW rights. Disciplinary proceedings may be conducted using 15

administrative board proceedings, following the minimum due 16 process standards of paragraph 2-5f. (3). If administrative board 17 proceedings are utilized: 18

19 (a) EPW will be given precise information regarding the 20

offenses for which they are accused before any disciplinary 21 punishment is pronounced. 22

(b) They will be given a chance to explain their conduct and to 23 defend themselves. 24

(c) They will be permitted to call witnesses and to have use of 25 a qualified interpreter, if necessary and reasonably 26 available. 27

(d) The board's decision will be announced to the EPW and to 28 the EPW's representative. 29

30 (3) A record of disciplinary punishments shall be maintained by the 31

DFC and shall be available for inspection by the Protecting Power. 32 33

3-15. Limitations on EPW Punishment 34 35

a. Collective punishment for individual acts, corporal punishment, 36 imprisonment in premises without sunlight and any form of torture or cruelty 37 are forbidden. 38

39 b. EPWs may not be deprived of their grade or prevented from wearing 40

insignia of grade and nationality. 41 42 c. No EPW will be handcuffed or tied, except to ensure safe custody or when 43

prescribed by a responsible medical officer as needed to control a medical 44 case requiring restraint. 45

46 d. No EPW may be punished more than once for the same act or sentenced to 47

any penalties except those authorized herein. 48 49 e. In no case will disciplinary punishments be inhumane, brutal or dangerous 50

to the person's health. EPW shall not be transferred to serve their 51 disciplinary punishment in a prison or penitentiary. The length of a single 52 disciplinary punishment will not exceed 30 days. Confinement served while 53 awaiting the hearing of a disciplinary offense or the award of disciplinary 54 punishment will be deducted from punishment awarded. No more than 30 55



IMPLEMENTATION

48

days punishment may be prescribed even if a person is answerable for 1 several acts at the same time. This is true whether such acts are related or 2 not. The period between pronouncing an award of disciplinary punishment 3 and commencing punishment will not exceed 30 days. 4

5 f. When EPWs are awarded a further disciplinary punishment, a period of at 6

least three days will elapse between punishments if the length of one of the 7 punishments is ten days or more. 8

9 g. EPWs being judicially punished will not be subjected to more severe 10

treatment than that authorized for the same offense by members of the U.S. 11 Armed Forces of equal grade. 12

13 h. EPWs sentenced by a courts-martial or awarded disciplinary punishment 14

will not be treated differently from other detainees after their punishment is 15 complete. 16

17 3-16. Offenses and Warranted Punishments 18

19 a. EPW or RP who attempt to escape or escape the confines of the internment 20

facility, but who do not succeed in their escape, will be liable only to 21 disciplinary punishments for those escape acts. They will not be liable to 22 judicial proceedings, even if they are repeat offenders. Escapes or attempts 23 to escape, even if they are repeat offenses, will not be considered 24 aggravating circumstances if detainees are tried by judicial proceedings for 25 offenses committed during their escapes or attempts to escape. 26

27 b. Offenses, such as those against public property, theft without intention of 28

self-enrichment, drawing up or use of false papers or wearing of civilian 29 clothing, that are committed by detainees with the sole intent of making 30 their escape easier and that do not entail any violence against life or limb 31 will warrant disciplinary punishment only. Because of attempts to escape, 32 EPW may be subjected to close watch. The watch must not affect the state 33 of their health. The EPW watched must be in an internment facility. The 34 watch must not deprive them of the safeguards granted by the Geneva 35 Conventions. Persons who aid or abet an escape or an attempt to escape 36 will be liable on this count for disciplinary punishment only. 37

38 c. Offenses against discipline. EPW accused of an offense against disciplinary 39

measures will not be confined pending a hearing, unless members of the 40 Armed Forces of the United States would be confined if they were accused 41 of a similar offense or unless internment facility order and discipline would 42 be jeopardized. A period spent in confinement awaiting disposal of an 43 offense against disciplinary measures will be reduced to an absolute 44 minimum. It will not exceed 14 days. 45

46 d. Confinement. A pretrial investigation of an offense alleged to have been 47

committed by a detainee will be conducted as soon as circumstances 48 permit so that trial, if warranted, will take place as soon as possible. A 49 detainee will not be confined while awaiting trial unless a member of the 50 Armed Forces of the United States would be so confined if accused of a 51 similar offense or unless national security would be served. In no case will 52 this confinement exceed 3 months. A period spent in confinement while 53 awaiting trial will be deducted from a sentence of imprisonment. The period 54 will be taken into account in fixing a penalty. 55



IMPLEMENTATION

49

1 3-17. Retention of Geneva Convention Benefits 2

3 Persons prosecuted for an act committed before capture will retain, even if 4 convicted, the protection of the Geneva Conventions. EPWs undergoing 5 confinement will: 6

7 a. Continue to enjoy the benefits of the GPW except when such benefits do 8

not apply because EPW are confined. 9 10 b. Be permitted to exercise their right to complain and to confer with visiting 11

representatives of the Protecting Power. 12 13 c. Not be deprived of the prerogatives attached to their grade. 14 15 d. Be allowed to exercise and to stay in the open air at least two hours daily. 16 17 e. Be given medical attention as prescribed in this regulation. 18 19 f. Be permitted to read and write and to send and receive letters and cards. 20

Parcels, however, may be withheld from them until the punishment is 21 completed. Such parcels will be released to the safekeeping of the EPW 22 representative. If perishable goods are contained in the parcels, the EPW 23 representative will give them to the internment facility infirmary or hospital to 24 distribute them fairly among the other EPW. 25

26 3-18. EPW Employment 27 28

a. To the extent possible, EPWs will be employed in work needed to construct, 29 administer, manage and maintain EPW internment facilities. EPWs will be 30 employed in other essential work permitted by this regulation only when 31 qualified civilian labor is not available. Essential work is work that must be 32 done, despite the availability of EPWs. 33

34 b. EPWs will be employed, as far as practical, doing work for which they are 35

qualified. The Dictionary of Occupational Titles, U.S. Government Printing 36 Office, Washington, DC, will be used as a guide in deciding the 37 qualifications of each EPW. 38

39 c. In assigning EPWs to details requiring special training and skills, the 40

following qualification will be considered: 41 42

(1) Technical skills. 43 (2) Aptitudes. 44 (3) Past work records. 45 (4) On-the-job training. 46

47 d. EPWs capable of performing skilled and semi skilled work should be 48

employed on essential work. Persons on work details that require special 49 training or skill will remain as constant as practical. When it is necessary to 50 substitute an EPW in such a detail, the using agency will be notified. 51

52



IMPLEMENTATION

50

e. EPW labor, external to DOD, is regulated by contract. When authorized by 1 theater directives, EPW, RP may be given advance pay. Procedures for 2 administering this advance pay are set forth in DFAS-IN Regulation 37-1. 3

4 3-19. Restricted EPW employment 5 6

a. EPWs will not be employed in positions that require or permit them: 7 8

(1) Access to classified defense information or records of other 9 personnel. 10

(2) Access to telephone or other communication systems. 11 (3) Authority to command or instruct U.S. personnel. 12

13 b. Besides work connected with facility administration, installation or 14

maintenance, prisoners of war may be compelled to do only such work as is 15 included in the following classes: 16

17 (1) Agriculture. 18 (2) Industries connected with the production or the extraction of raw 19

materials and manufacturing industries, with the exception of 20 metallurgical, machinery and chemical industries; public works and 21 building operations which have no military character or purpose; 22

(3) Transport and handling of stores which are not military in character 23 or purpose; 24

(4) Commercial business and arts and crafts; 25 (5) Domestic service. 26 (6) Public utility services having no military character or purpose. 27

28 3-20. Liability to perform labor 29 30

a. EPW will be required to perform any and all work consistent with their grade 31 and status as follows: 32

33 (1) Officer EPW. Officer EPW will not be required to work. Officer 34

EPW, however, may make a written request for work. The DFC will 35 provide such work, if feasible. Officer EPW may, at any time, 36 revoke a voluntary request for work. Officer EPW are required to 37 maintain their personal areas, equipment and other items/areas in a 38 manner that promotes good health and personal hygiene. 39

40 (2) Noncommissioned officer (NCO) EPW. NCO EPW will be required 41

to do supervisory work only. NCO EPW, however, may make a 42 written request for work other than supervisory work. NCO EPW 43 may, at any time, revoke a voluntary request for work other than 44 supervisory work. 45

46 (3) Junior enlisted EPW. Junior enlisted EPW will be required to do any 47

and all work consistent with this regulation. 48 49

b. Fitness of EPW for labor will be verified at least once a month by medical 50 examination. An attending medical officer will classify the level of physical 51 fitness EPW can perform for work as follows: heavy work, light work and no 52 work. Lists of these individual labor levels of EPW will be posted in each 53



IMPLEMENTATION

51

EPW internment facility. If physical conditions permit, each EPW will 1 perform labor as directed by the DFC. 2

3 3-21. Authorized work 4 5

a. Levels of work for which each EPW are authorized and may be compelled 6 to perform are categorized as follows: 7

8 b. Restricted work. EPW may be compelled to perform the following types of 9

work, if not of a military nature or purpose. 10 11

(1) Public works and building operations. The primary factor in deciding 12 whether EPW may be employed is the nature of the construction 13 being undertaken. If the construction is purely military in nature, 14 each EPW may not be compelled to engage in such work. If the 15 construction is not purely military in nature, the purpose for which 16 the structure is to be used is the deciding factor. If the completed 17 construction is intended to be used primarily by units engaged in or 18 in direct support of, military operations against the enemy, EPWs 19 may not be compelled to work on the project. 20

21 (2) Transporting and handling stores. The first consideration is the 22

nature of the property being handled. If the stores are military in 23 nature, EPWs may not be compelled to transport or handle them. If 24 the items are not military in nature, then their purpose is the 25 deciding factor. EPWs may not be required to transport or handle 26 stores specifically consigned to units engaged in military 27 operations. EPWs may, however, be required to handle stores 28 when handling is incidental to the performance of authorized types 29 of work. For example, work in a military mess may be classified as 30 domestic service. Handling of rations by EPWs in connection with 31 domestic service may be required. 32

33 (3) Public utility services. Construction, repair or maintenance of water, 34

sewage, drainage, gas or electrical facilities are not of an inherent 35 military nature. The purpose of these services is the deciding factor 36 as to whether or not EPWs may be compelled to engage in such 37 activities. Such services may be intended primarily or exclusively 38 for the benefit of units engaged in or directly supporting, operations 39 against the enemy. If so, EPWs may not be required to perform 40 these services. On the other hand, services intended primarily or 41 exclusively for other purposes represent work that EPWs may be 42 compelled to perform. 43

44 (4) Non restricted work. EPWs may be compelled to perform types of 45

work listed below having no direct military purpose: 46 47

(a) Construction, administration, management and 48 maintenance of EPW internment facilities. 49

(b) Agriculture. 50 (c) Manufacturing industries, with the exception of 51

metallurgical, machinery and chemical industries. 52 (d) Commercial business and arts and crafts. 53 (e) Domestic service, including clothing repair shop, laundry, 54

bakery or mess hall. 55



IMPLEMENTATION

52

1 3-22. Unauthorized work 2

3 Unhealthy or dangerous work - EPWs may not be employed in any job 4 considered injurious to health or dangerous because of the inherent nature of 5 the work, the conditions under which it is performed or the person's physical 6 unfitness or lack of technical skill. A specific task should be considered, not the 7 industry as a whole. The specific conditions for each job are the deciding 8 factors. For example, an otherwise dangerous task may be rendered safe by 9 the use of safety equipment. Likewise, an otherwise safe job may be dangerous 10 because of the circumstances under which the work is required to be done. 11 Similarly, dangerous work may be safe for those whose training and 12 experiences have made them adept at it. EPWs will not be employed in tasks 13 requiring: 14 15 a. Exertion beyond physical capacity. 16 17 b. Use of inherently dangerous mechanisms or materials such as: 18

19 (1) Explosives or mine removal. 20 (2) Mechanisms that are dangerous because the person is unskilled in 21

their use. 22 23

c. Climbing to dangerous heights or exposure to risk of injury from falling 24 objects under motion and not under full control. 25

26 3-23. Humiliating work 27

28 No person will be assigned labor that is humiliating or degrading. This 29 prohibition does not prevent EPW from doing ordinary and frequently 30 unpleasant tasks such as maintaining sanitation facilities, ditch digging and 31 manual labor in agriculture. 32

33 3-24. Other specifically prohibited work 34

35 Certain occupations or types of work are prohibited for safety, security or other 36 reasons. EPW will not be: 37

38 a. Permitted to work in an area where they may be exposed to combat zone 39

fire. 40 41 b. Employed as personal servants to members of the Armed Forces of the 42

United States. 43 44 c. Employed to serve food or beverages in officers' messes or similar 45

establishments. 46 47 d. Permitted to work inside correctional facility walls or near inmates. 48

49 3-25. Questionable work 50

51 In case of doubt as to whether certain work is authorized, the next higher HQ 52 SJA will review the proposed tasks. The purpose of the review will be to ensure 53 consistency with this regulation and the law of war. The SJA will provide 54



IMPLEMENTATION

53

recommendations in writing to the DFC. A copy will be forwarded to the CCDR 1 and HQDA (DAJA-IO), Washington, DC 20310-2200. 2

3



IMPLEMENTATION

54

3-26. Decisions on work conditions and safeguards. 1 2

Commanders will employ composite risk management doctrine to determine 3 safe working conditions. They will take into account the guidance set forth in 4 this regulation. Commanders, assisted by informed advice, will ensure a risk or 5 job hazard analysis is complete. Data will include the opinion of the SJA. 6 Preliminary job training will be given when necessary and protective clothing 7 and accessories will be provided as required (for example, hard-toed shoes, 8 goggles and gloves). Such safety devices will be equal to safeguards provided 9 for civilian labor. Commanders will make periodic inspections to ensure 10 satisfactory conditions and safeguards are maintained at all times in 11 accordance with Army policy outlined in Army Regulation 385-10, The Army 12 Safety Program. 13

14 3-27. Referrals to the Office of the Provost Marshal General 15 16

a. When substantial doubt exists as to whether or not a type of work is 17 permissible according to this regulation, a request to OPMG for specific 18 instructions will be made through channels by the most expeditious means. 19

20 b. Each question forwarded will be accompanied by a statement as to: 21

22 (1) Type and place of work. 23 (2) Tasks to be performed. 24 (3) Number of EPW to be employed. 25 (4) Other facts having a direct bearing on the employment. 26

27 3-28. Length of workday 28 29

a. The length of the workday for EPW, including the time for travel will not 30 exceed that permitted for civilians in the locale who are employed in the 31 same general type of work. The working period may be extended but will 32 not be considered excessive because EPWs are laboring under a task 33 system. EPW contracts will contain specific terms on the hours of 34 employment. 35

36 b. Except as provided in subparagraph (c) below, EPW will not be required to 37

work more than ten hours in one day exclusive of a one-hour lunch and rest 38 period. They will not be kept out of the internment facility for more than 39 twelve consecutive hours, including travel time. Rest cycles which 40 approximate the average daily work schedule of the Detaining Power will be 41 monitored and followed. 42

43 c. EPW may be required to work any number of hours for the efficient 44

operation of the EPW compound messes. EPW are responsible for 45 preparing food within these messes. 46

47 3-29. Rest periods 48 49

a. Day of rest. Each EPW will be allowed a rest period of 24 consecutive 50 hours every week. These hours will preferably be on Sunday or on the day 51 of rest in the detainee's country of origin or as established by his religious 52 affiliation. 53

54



IMPLEMENTATION

55

b. Annual. Each EPW who has worked for one full year will be given a rest of 1 eight consecutive days during which the United States will give working pay 2 to the EPW. 3

4 3-30. Responsibility for work supervision 5

6 The EPW DFC will: 7

8 a. Determine, as far as practical, the adequacy of the technical supervision 9

provided by the using agency. 10 11

b. Report inadequately supervised details to the using agency. 12 13

c. Refuse to continue details on contract work unless adequate work 14 supervision is provided. 15

16 3-31. EPW work detail leaders and interpreters 17

18 EPW DFCs are authorized to use selected EPW as work detail leaders and 19 interpreters. The time of work detail leaders and interpreters will be included in 20 labor reports under the same project work classification as their details. 21

22

3-32. Task system 23 24 The task system will be used when it is possible to predetermine the amount 25 of finished work that an EPW or group of EPW, can reasonably be expected to 26 complete in a specific period of time. The task system consists of: 27 a. Decision on daily tasks. The DFC will decide the reasonable amount of 28

completed work to be required of each EPW or group of EPW during a 29 day. 30

31 b. Notice to EPW. EPW will be informed of the adoption of the task system 32

before it is put into effect. Each EPW or group of EPW, depending upon 33 whether separate or group tasks are assigned, will be informed of the 34 amount of completed work required each day. 35

36 c. Incentives. As an incentive, EPW who have completed the required 37

amount of work in less than normal time may be returned to quarters. 38 39 d. Enforcing the task systems. The DFC may take disciplinary action against 40

physically qualified EPW who habitually fail to complete the assigned 41 tasks. 42

43 3-33. Paid work 44 45

EPW will be compensated for performing work for which pay is authorized. 46 The rate of such pay will be not less than as prescribed in Article 62, GPW. 47 Compensation for all such work will be made as authorized from U.S. Army 48 appropriated funds, canteen funds or internment facility EPW funds. Types of 49 paid work for which compensation is authorized are: 50

51 a. Labor performed for a contract employer or for a federal agency. 52

53 b. Services as orderlies and cooks for officer EPWs. 54



IMPLEMENTATION

56

1 c. Services to construct, administer, manage and maintain EPW internment 2

facilities and hospitals, when such services are performed by EPW 3 permanently assigned to certain duties or occupations. 4 5

d. RP performing medical or clerical duties. 6 7

e. Spiritual or medical duties required to be performed by EPW for fellow 8 EPW in lieu of RP. 9 10

f. Service as EPW representative or assistant. Such persons will be paid 11 from the internment facility EPW fund. If no such fund exists, they will be 12 paid the prescribed rate of pay from U.S. Army appropriated funds. 13 14

g. Work as detail leaders or interpreters. 15 16

3-34. Restriction on paid work 17 18

a. Mess personnel. The number of EPW cooks and assistant cooks who will 19 be paid for work in internment facility messes will in no case exceed the 20 total number authorized for Army enlisted messes of the same or similar 21 size. 22

23 b. Fatigue details. Kitchen police, latrine orderlies and other fatigue details 24

will normally be provided by rotating enlisted EPW. Each EPW assigned to 25 these details will not be paid from Government canteen or internment 26 facility EPW funds. Assignment of persons to such details by rotation on a 27 duty roster may interfere with the work program. If so, the DFC may 28 assign those duties to EPW who volunteer and whose skills or training are 29 not essential for other work details. In such cases, EPW assigned may be 30 paid the authorized daily rate from canteen credits contributed by all EPW. 31 Payment will be under supervision of the DFC. 32

33 c. Gardening work. 34

35 (1) To the extent practical, EPW will be required to raise their own 36

vegetables. This work will be classified as paid work. 37 (2) The produce from gardens operated with EPW labor will be U.S. 38

property. It will be used for the benefit of EPW and Armed Forces of 39 the U.S. personnel. It should not be sold or traded in civilian markets. 40

41 3-35. Rates for paid work 42 43

EPW employed for paid work will be compensated at a rate to be specified, on 44 either piecework or by the workday, as provided below: 45

46 a. Piecework rates. Piecework rates will be used in compensating EPW 47

when the work performed is for a contract employer or a Federal agency 48 other than DOD. 49

50 b. Working rates. Working rates will be used for compensating all other paid 51

work (other than contract work) as follows: 52 53



IMPLEMENTATION

57

(1) EPW of all grades, whether acting in a supervisory capacity or 1 otherwise, will be compensated at the authorized daily rate per full 2 workday. 3

(2) EPW laboring less than the full workday will be compensated in 4 proportion to the number of hours worked, except when working under 5 a task system and having completed the required task, EPW working 6 under a task system will be paid only for the completed parts of the 7 task despite the number of hours worked. 8

(3) The U.S. work supervisor may decide that an EPW who is not under a 9 task system is producing less than should be produced in a full 10 workday. If so, the EPW will be compensated at a rate proportionately 11 lower than the authorized daily rate. Such a decision must be 12 approved by the DFC. 13

14 3-36. Days of paid work per month 15

16 The maximum number of days of paid work for EPWs will be limited to the 17 number of workdays in a calendar month. The total workdays in a calendar 18 month include the total number of days minus the required weekly day of rest 19 and minus any holiday specifically authorized by the CCDR. 20

21

3-37. Unpaid work 22 23 EPW will not be paid for those services connected with administering and 24 maintaining EPW internment facilities and hospitals when such services are 25 performed on a daily rotation or other temporary basis. Unpaid work, in all 26 cases, will include: 27

28 a. Kitchen police. 29 30 b. Latrine orderlies. 31 32 c. Ground police. 33 34 d. Other routine fatigue details of the types normally assigned and performed 35

equitably and temporarily by persons in U.S. Army units. 36 37 38 39 40 3-38. Sale of articles and repair services 41

42 The canteen officer may sell articles made to order for or repair services 43 performed for, U.S. personnel by EPW. This sale is subject to the following 44 provisions: 45

46 a. Articles will be manufactured or repair services will be performed only 47

during the spare time of EPW. 48 49 b. No expense to the United States will be incurred for equipment, materials 50

or labor. 51 52



IMPLEMENTATION

58

c. Repair work or the making of articles to order for U.S. personnel will be 1 prohibited unless an order for the work is placed through the EPW 2 canteen. 3

4 d. The canteen officer will fix the price of each article or repair service. The 5

price will reasonably conform to prices for similar articles or services in the 6 civilian market, less the cost of any material supplied by the customer. 7

8 e. The canteen officer and the DFC will enter into a blanket contract. Under 9

this contract, the canteen officer will pay to the DFC amounts derived from 10 the sale of articles made to order for and repair service performed for, 11 U.S. personnel, less a handling charge by the canteen of not more than 12 ten percent. The canteen officer will submit a voucher monthly to the 13 DFC. The voucher will list: 14

15 (1) The individual sales and services performed during the month. 16 (2) The price charged for each. 17 (3) The deductions made for handling charges. 18

19 f. The DFC will deposit the amount derived from the sale of articles made to 20

order for or repair services performed for, U.S. personnel with the U.S. 21 Treasurer. Procedures for these transactions are prescribed in DFAS-IN 22 Regulation 37-1. The EPW will be paid an hourly rate. The rate will not 23 exceed the authorized daily rate for paid work for the services performed. 24 However, in no case will the amount paid to the EPW exceed the price of 25 the article or repair service fixed under subparagraph d above. Amounts 26 will be subject to deductions provided for in this regulation. Any residual 27 money will be disbursed by the EPW internment facility counsel for use by 28 internment facility EPWs. This disbursement must be approved by the 29 DFC. 30

31 3-39. Disability compensation 32 33

a. EPW may be injured or suffer a disability while working under 34 circumstances that may be attributed to work. If so, DA Form 2675-R 35 (Certificate of Work Incurred Injury or Disability) will be. The original will be 36 given to the EPW; copies will be provided to the TDRC to be sent to the 37 NDRC; and two copies will be placed in the EPW personnel file. 38

39 b. A claim by the EPW for compensation for work-incurred injury or disability 40

will be forwarded to the TDRC and NDRC. The TDRC will send the claim 41 to the Power on which the EPW depends for settlement. A copy of the 42 completed DA Form 2675-R will be attached to the claim. 43

44 3-40. Operation of government vehicles 45 46

EPWs may be licensed to operate Government motor vehicles according to 47 AR 600-55. 48

49 3-41. Rules and procedures 50 51

Rules and procedures governing the military and contract employment of EPW 52 will be according to the most current contract laws, procedures and guidelines 53 and comply with the provisions of the Geneva Convention. All requests for the 54



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contracting of EPW will be forwarded promptly through channels to the CCDR 1 and be coordinated with HQDA, OPMG and DAJA. 2

3 3-42. Personal effects 4

5 a. All personal effects, including money and other valuables, will be 6

safeguarded and accounted for on a DA Form 4137 (Evidence/Personal 7 Property Custody Document). 8 9

b. DA Form 4137 is the principle property accountability document used in 10 detainee operations. In order to ensure legally submissible chain of 11 custody accountability the original form, completed by the capturing unit, 12 must always be forwarded to the gaining unit. The original form shall 13 contain all original, ink signatures from each custodian indicating start and 14 stop dates for accountability. Losing units may maintain copies. It assigns 15 pecuniary responsibility to property custodians. DA Form 4137 will be 16 used in accordance with AR 195-5, Evidence Procedures. The DA Form 17 4137 will be transcribed into DRS when an ISN is assigned. 18

(1) The original DA Form 4137 shall be kept in the property room 19 with the property. 20

(2) A copy of the DA Form 4137 will be placed in the detainees 21 record. 22

(3) All changes in property disposition, location or custodial 23 responsibility MUST BE ANNOTATED ON THE ORIGINAL 24 FORM. 25

26 c. The personal effects that EPW are allowed to retain, but are taken from 27

them temporarily for intelligence purposes, will be receipted for and 28 returned as soon as practical. Any national identification card, DA Form 29 2677 or detainee identification bracelet (created by DRS) will not be taken 30 from the EPW at any time. 31

32 d. Any claim by an EPW for compensation for personal effects, money or 33

valuables stored or impounded by the United States and not returned upon 34 repatriation or any loss alleged to be the fault of the United States or its 35 agents will be referred to the country to which the EPW owes allegiance. 36 In all cases, DFCs will provide the EPW with a statement, signed by an 37 officer, describing the property not returned and the reason. A copy of this 38 statement will be placed in the EPW’s record. 39

(1) The DFC may direct the destruction of EPW property for health 40 and welfare issues. A policy stating what items will be destroyed 41 and why they are being destroyed will be posted throughout the 42 facility and a copy will be provided to the EPW if requested. 43 EPW are not entitled to compensation for destroyed items that 44 are a threat to health and welfare, or imperil the living. 45

(2) Destroyed property will be properly annotated on the original DA 46 Form 4137. 47

48 e. An inventory of personal effects that have been impounded will be entered 49

on DA Form 4137 and the DRS where available. 50 51 f. The DFC where the EPW is interned will be responsible for storing and 52

safekeeping impounded personal effects. Such property will be marked or 53 otherwise identified with the ISN and securely bound or packaged. Upon 54 transfer, the EPW's impounded property, with the original DA Form 4137 55



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will be delivered to the receiving facility. Losing and gaining property 1 custodians will properly annotate the transfer of responsibility on the 2 original DA Form 4137. The sending custodian will place a copy of the DA 3 Form 4137 showing disposition in the inactive DA Form 4137 file. 4

5 g. Money found in the possession of the EPW will be handled according to 6

DFAS-IN Regulation 37-1. 7 8

h. Items of intelligence interest will be brought to the attention of military 9 intelligence personnel immediately and receipted to them on the original 10 DA Form 4137. All items signed out on a DA Form 4137 will be returned to 11 the property room once military intelligence has completed their review of 12 it. A copy of the DA Form 4137 will accompany the property. 13

14 i. Personal property left by a EPW who has been released, died or is in 15

escaped status in excess of 30 days, will be forwarded to the TDRC with 16 the original DA Form 4137. The TDRC will contact the ICRC or PP to 17 return property to the next of kin. 18

19 20

j. Personal property refused by the EPW and left at the facility after a EPW is 21 released or repatriated: 22

(1) Personal property of no value will be destroyed by the property 23 room custodian and annotated on the original DA Form 4137. 24

(2) Personal property of value or sentimental value will be 25 forwarded to the TDRC along with the original DA Form 4137. 26 The TDRC will contact the ICRC or PP to return property to the 27 next of kin. 28

(3) Property unable to be returned to next of kin will be retained 29 and stored by the TDRC until final disposition is received from 30 the NDRC. 31

i. After final disposition of all property is completed the original DA Form 32 4137 will be added to the EPW’s detention record. 33

34 3-43. Transfer of prisoners of war 35

36 a. General. Permanent transfer of EPW in the custody of the U.S. 37

forces to the host nation or other allied forces requires approval of 38 the Secretary of Defense (SecDef). The permanent transfer of EPW 39 to foreign national control will be governed by bilateral national 40 agreement and in accordance with subparagraph b below following 41 SecDef approval. Temporary transfer of EPW/RP to accommodate 42 surges in prisoner population beyond the immediate capability of 43 U.S. forces to manage is authorized. CDOs will develop measures 44 to ensure accountability and humane treatment of prisoners so 45 transferred. 46

47 b. EPW/RP may only be transferred from the custody of the United 48

States to other GPW signatory powers and only after a 49 representative of the United States has visited the Power's 50 internment facilities and is satisfied that the Power is willing and able 51 to apply the GPW. EPW/RP transfers should not increase the 52 difficulty of repatriation. Prisoners of war during transfer will have 53 sufficient food and drinking water to keep them in good health and 54



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will be provided adequate clothing, shelter and medical attention. 1 Precautions will be taken, especially in case of transport by sea or by 2 air, to ensure their safety during transfer. When transferring 3 EPW/RP with active ISN, DRS generated manifests/transfer orders 4 will be used as the authenticating accountability documents. DD 5 Form 2708, Receipt for Inmate or Detained Person, will not be used 6 to document transfers that reassign accountability, as reported on 7 DA Form 2674, Detainee Strength Report. 8

9 c. The TDRC and NDRC will be notified immediately by the DFC of any 10

EPW or RP transferred. 11 12 d. Transfer within the territory of the Detaining Power will always be 13

carried out humanely and in conditions no less favorable than those 14 enjoyed by the troops of the Detaining Power during their 15 movements. If EPW/RP are transferred on foot, only those who are 16 fit to walk may be so transferred. The EPW/RP will not be 17 exposed to excessive fatigue during transfer by foot. 18

19 e. Transfer of Injured, Sick or Wounded EPW: 20

(1) If the EPW requires prolonged hospitalization or specialized 21 treatment, including surgery that is not available locally and the 22 transfer is recommended by a medical officer after an 23 examination of the EPW. 24

25 (2) If the EPW/RP is sick, wounded, pregnant or infirmed they will be 26

evacuated through U.S. military medical channels and will 27 remain in medical channels until they are certified fit for normal 28 internment by competent medical authorities. 29

30 (3) Transfer of physically disabled, insane, or mentally incompetent 31

in a theater of operations will be according to procedures set up 32 by the CCDR. 33

34 (4) Wounded and sick EPW and RP will not be transferred as long 35

as their recovery may be endangered by the journey, unless their 36 safety demands it. 37

38 (5) EPW and RP transferred between EPW facilities and hospitals 39

will be receipted for on a DA Form 2708. When EPW and RP are 40 transferred to hospitals outside the jurisdiction of the detention 41 facility, the medical treatment facility commander is required to 42 submit a DA Form 2674 daily to the TDRC. 43

44 (6) When EPW no longer require hospital care, they will be returned 45

to the command from which transferred or to a detention facility 46 within the receiving command. A DA Form 2708 will be used to 47 document the transfer 48

49 f. Necessary clothing, adequate shelter and medical attention will be 50

made available. 51 52 g. Suitable precautions will be taken to prevent EPW and RP, from 53

escaping and to ensure their safety. 54 55



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h. The EPW and RP will be permitted to take with them their personal 1 effects and property. The weight of their baggage may be limited if 2 the conditions of transfer so require, but in no case will it be limited to 3 less than 55 pounds per EPW/RP. EPW/RP who have been serving 4 as chaplains or clergymen during their internment will be permitted to 5 transfer, at Government expense, an additional 110 pounds to take 6 other religious materials with them. The personal property that the 7 EPW and RP are unable to carry will be forwarded separately. 8

9 i. The mail and parcels addressed to EPW and RP who have been 10

transferred will be forwarded to them without delay. 11 12 k. When EPW and RP are to be transferred, they will be notified of their 13

new postal addresses as soon as possible. Notice will be given in 14 time to pack and tag their luggage. 15

16 l. EPW and RP will not be confined in a jail or other correctional 17

institution during transfer except in an emergency. They will be 18 confined only in such fashion while the circumstances that 19 necessitate the measures continue to exist. 20

21 m. Receipt of transferred EPW/RP. 22 23 (1) EPW and RP will not be accepted for detainment or transfer to 24

U.S. Military control from other nations without prior approval from 25 the theater commander. EPW and RP received by transfer from an 26 allied nation will be properly receipted for on a DA Form 2708. The 27 receipt will indicate the place and date the United States assumed 28 custody and the name, grade, foreign ISN, and nationality of each 29 transferred EPW and RP. The original will be placed in the EPW/RP 30 detention record and a copy will be given to the allied nation. The 31 EPW/RP’s will then be processed into U.S. Armed Forces custody 32 using DRS or a DA Form 4237-R. EPW/RP that have been issued a 33 foreign ISN will also be issued a U.S. ISN. The foreign ISN will be 34 inputted into the DRS record. 35

36 37 (2) The use of the DRS ―receipt for detainee or detained person‖ 38

is mandatory for all ISN transfers. The receipt will provide the ISN 39 and name of each EPW/RP. The receipt with original signatures will 40 be kept by the losing facilities DSB and will be transferred to the 41 TDRC when the facility closes. 42

n. When EPW are moved to a port of debarkation from an interior 43 point, the CCDR will provide for: 44

45 (1) Transportation of the EPW up to and including their departure 46

from the port. 47 (2) Care and security of the EPW, their baggage, monies, other 48

valuables and records until their custody is assumed by another 49 CCDR. 50

51 52 o. The transfer of physically disabled, insane, mentally incompetent or 53

wounded EPW/RP in a theater of operations will be according to 54 procedures set up by the CCDR. 55



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1 q. When a railroad car other than an U.S. Military-owned or operated 2

hospital car is used to transfer EPW or RP patients, Red Cross signs 3 will be placed on the inside of the middle window of each side of the 4 car and on the inside of each door window of the car. These signs 5 will be made of white paper or cardboard with a large red cross in the 6 center of the sign. The word "hospital" will be placed above and the 7 word "car" below the red cross, in black letters. When EPW/RP 8 patients are transferred in a compartment, drawing room, bedroom 9 or roomette, a sign as described above, with the exception of the 10 word "car," in proportionate dimensions will be placed on the outside 11 of the door of the compartment, drawing room, bedroom or roomette. 12

13 14 15

3-44. Repatriation of sick and wounded EPW/RP 16

17 a. Repatriation or accommodation of sick or wounded EPW/RPs in a neutral 18 country during hostilities will be evaluated using the following procedures. 19

20 (1) Sick and wounded prisoners will not be repatriated against their 21

will during hostilities. 22 (2) Procedures for a Mixed Medical Commission (MMC) will be 23

established by HQDA, according to this regulation. The purpose of 24 the MMC will be to determine cases eligible for repatriation. The 25 MMC will be composed of three members. Two of the members, 26 appointed by the ICRC and approved by the parties to the conflict, 27 will be from a neutral country. As far as possible, one of the neutral 28 members will be a surgeon and the other a physician. The third 29 member will be a medical officer selected by the CCDR. One of the 30 members from the neutral country will act as chairperson. 31

32 b. If for any reason the use of neutral doctors cannot be arranged for by the 33 ICRC, the United States, acting in agreement with the Protecting Power 34 concerned, will establish a Medical Commission. This Commission will 35 perform the duties of a MMC. 36

37 c. The MMC will: 38 39 (1) Examine EPW and RP identified in (h) below. 40 41 (2) Inspect clinical records pertaining to these EPW and RP. 42 43 (3) Determine those cases eligible for repatriation or 44

hospitalization in a neutral country. 45 46

d. Decisions made by the MMC will be a majority vote and cannot be 47 changed to the detriment of the EPW and RP examined, except upon 48 concurrence of the MMC. 49 50 e. The decisions made by the MMC on all cases will be communicated to 51 the CCDR and TDRC. The TDRC will forward the same decisions through 52 the NDRC to HQDA (OPMG). The NDRC will provide the MMC decisions 53 to the PP and the ICRC, within 30 days of the MMC’s determination. Each 54



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EPW and RP examined will be informed by the MMC of the decision made 1 on the case. 2 3 f. The United States will carry out the decisions of the MMC as soon as 4 possible and within three months of the time after it receives notice of the 5 decisions. 6 7 g. The U.S. member will arrange all administrative details to expedite the 8 work of the MMC. Commanders concerned will assist, facilitate and 9 expedite the operations of the MMC to the fullest extent. 10 11 h. The EPW and RP identified below will be examined by the MMC. 12

13 (1) EPW and RP designated by a facility or hospital surgeon or a 14 retained physician or surgeon who is exercising the functions of the 15 surgeon in a facility. 16 17 (2) EPW and RP whose applications are submitted by a prisoner 18 representative. 19 20 (3) EPW and RP recommended for examination by the power on 21 which the EPW and RP depend or by an organization duly 22 recognized by that power and that gives assistance to them. 23 24 (4) EPW, RP who submit written requests. These EPW will not be 25 examined until the EPW listed in (1), (2) and (3) above have been 26 examined. 27

28 i. An EPW or RP found ineligible by the MMC may apply for 29

reexamination 3 months after the last examination. 30 31 j. Each DFC will be notified before arrival of the MMC before 32

arrival of the MMC at a facility, hospital or other designated place, 33 the commander will prepare DA Form 2670-R (Mixed Medical 34 Commission Certificate for EPW) and provide the EPW/RP’s 35 detention medical record for each EPW and RP to be examined, DA 36 Form 2670-R will be completed in four copies. DA 37

38 k. The commanding officers of designated hospitals will complete DA 39

Form 2671-R (Certificate of Direct Repatriation for EPW) for the 40 repatriation of sick and wounded EPW/RP. MMC do not need to visit 41 EPW/RP who are eligible for direct repatriation. 42

43 44 45 l. The following EPW and RP are eligible for direct repatriation: 46 47 (1) EPW and RP suffering from disabilities as a result of injury, loss 48

of limb, paralysis or other disabilities, when these disabilities are at 49 least the loss of a hand or foot or the equivalent. 50

51 (2) Sick or wounded EPW and RP whose conditions have become 52

chronic to the extent that prognosis appears to preclude recovery in 53 spite of treatment within 1 year from inception of disease or date of 54 injury. 55

http://www.apd.army.mil/pub/eforms/formflow22/a2670_r.fro





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1 m. The original DA Form 2671-R will be placed in the EPW/RP’s 2

detention record. A copy will be attached to the medical record. 3 4

3-45. Repatriation of other EPW/RP 5

6 a. EPW/RP who are not repatriated or release under the above 7 circumstances will be repatriated or released at the cessation of hostilities 8 as directed by OSD.. 9

10 b. EPW/RP who are eligible for release but have judicial proceedings 11 pending for offenses not exclusively subject to disciplinary punishment will 12 be detained until the close of the proceedings. At the discretion of the 13 theater commander, the EPW/RP may be detained until the completion of 14 their sentence. The EPW/RP previously sentenced to confinement as 15 judicial punishment may be similarly detained. Lists of the EPW/RP held 16 under this guidance will be forwarded to the TDRC and NDRC for 17 transmittal to the PP.‖ 18

19 3-46. Repatriation transfer procedures 20

21 a. Control and accountability of EPW and RP will be maintained until the 22

EPW or RP is receipted for by the serving power or designated Protecting 23 Power. 24

25 b. The use of the DRS ―receipt of detainee release‖ identifying at the 26

minimum name and ISN of each EPW and RP repatriated or released is 27 required. The name, title and agency of the person taking custody of the 28 EPW/RP will be on the receipt. The DRS ―receipt of detainee release‖ will 29 be used as an official receipt of transfer and will become a permanent 30 record to assure accountability of each EPW and RP until they are no 31 longer in U.S. custody and control. The original ―receipt of detainee release‖ 32 with all signatures will be kept by the DSB of the losing facility. Once conflict 33 has ended all receipts will go to the TDRC. 34

35 c. Copies of appropriate personnel, finance and medical records will 36

accompany the released or repatriated EPW/RP. These records will be 37 transferred to the custody of the designated official receipting for the 38 EPW/RP. 39 40

d. All confiscated personal property that can be released, will accompany 41 the released or repatriated EPW/RP. An inventory will be conducted and 42 any discrepancies identified. The individual will sign the DA Form 4137 for 43 his personal items. 44

45 e. Upon completion of the transfer, the U.S. escort guard will forward the 46

official receipt of transfer to the losing facilities DRS supervisor. 47 48 f. Upon notification from the TDRC that the transfer is complete, the losing 49

detention facility will forward all official records and confiscated property 50 that cannot be released to the TDRC for final disposition. 51

52 g. The TDRC will: 53

54



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(1) Notify the NDRC of final status of released/ repatriated EPW and 1 RP. 2 3 (2) Inventory and maintain all EPW and RP records within the theater 4 of operations until the end of conflict. 5 6 (3) Dispose of confiscated property in their possession per instructions 7 received from the NDRC and applicable Army regulations. 8

9



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Chapter 4 - Retained Personnel (RP) 1

2

4-1. Policy 3 4 a. Retained personnel (RP) are detainees with specialized medical or 5

chaplaincy skills and training. Individuals detained by the 6 Department of Defense for the purpose of assisting EPW and who 7 fall within any of the categories specified in paragraph 4-2 below, 8 are eligible to be certified as RP. 9

10 b. RP are not used to provide medical or spiritual care to detainees 11

other than EPWs. 12 13 c. RP will receive, at a minimum, the full benefits and protection given 14

to detainees with EPW status. 15 16

d. RP are subject to the internal discipline of the internment facility in 17 which they are retained; however, they may not be compelled to do 18 any work except that relating to their medical or religious duties. 19

20 e. RP will be granted the facilities necessary to provide medical care 21

and religious ministry services to the EPW population. 22 23 f. RP will preferably aid EPW from the same Armed Forces upon 24

which they depend. 25 26

4-2. Definition – 27 28 The following categories of personnel may be retained by the DOD for 29 the specific purpose of aiding EPW: 30 31

a. Medical personnel who are members of the medical service of their 32 armed forces. 33 34 b. Medical personnel exclusively engaged in— 35

36 (1) The search for or collection, transport or treatment of the 37 wounded or sick. 38

39 (2) The prevention of disease. 40 41 (3) The administration of medical units and establishments. 42

43 c. Chaplains attached to enemy forces. 44 45 d. Staff of National Red Cross societies and other voluntary aid 46 organizations duly recognized and authorized by their governments. The 47 staffs of these organizations may be employed in the same duties as 48 mentioned above if such organizations are subject to military laws and 49 regulations. 50

51



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4-3. General Provisions 1 2

a. Captured persons entitled to RP status should have on their person at 3 the time of detention a special identity card attesting to their status. The 4 minimum data shown on the card will be the name, date of birth, grade and 5 service number of the bearer. The card will state in what capacity the 6 bearer is entitled to the protection of GPW. The card will also bear the 7 photograph of the owner and either the signature or fingerprints or both. It 8 will be embossed with the stamp of the military authority with which the 9 person was serving at time of capture. 10 11 b. RP will be retained only if EPW’s require medical or spiritual needs that 12 cannot be met by U.S. Forces. Persons whose retention is not required will 13 be repatriated as soon as military requirements permit. RP’s are not 14 precluded from carrying information of strategic or tactical value for the 15 military authority they are affiliated with. Should RPs be in possession of 16 such information, their return to their own armed force may be delayed until 17 the information is determined to be no longer significant in value. 18 19 20 c. RP, who are members of the enemy’s Armed Forces, will be assigned 21 to internment facilities housing EPWs. If available, they will be assigned in 22 the ratio of two physicians, two nurses, one chaplain and seven enlisted 23 medical personnel per 1,000 EPW. Economy of medical staffing may be 24 achieved at higher levels per guidance from Commanding General, Health 25 Services Command (HSC). As much as possible, these RP will be assigned 26 to internment facilities containing EPW from the same Armed Forces upon 27 which the RP depend. 28 29 d. CCDRs, task force commanders and joint task force commanders are 30 authorized to transfer RP and EPW who are qualified to perform medical or 31 religious duties between EPW internment facilities within their jurisdiction in 32 order to distribute them equitably. 33 34 e. Subject to security requirements the CDO will ensure: 35

36 (1) Full use of enemy medical personnel for the treatment of sick 37 and wounded EPW/RP. 38 (2) Release of U.S. medical personnel, when possible, from caring 39 for sick and wounded EPW except for supervision and training of 40 enemy medical personnel. 41

42 f. The senior medical officer in each internment facility will provide close 43 and continuing supervision of the professional activities of the retained 44 medical personnel and report all improper activities. 45 46 g. RP will not be allowed access to or custody of narcotic drugs or other 47 controlled substances as delineated in Title 21, United States Code, except 48 under close supervision of U.S. medical personnel. 49 50 h. EPW internment facility surgeons or medical treatment facility 51 commanders in which retained personnel are used will verify: 52

53 (1) Accuracy of the final diagnosis. 54 (2) Adequacy of treatment. 55



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(3) Final disposition of patients treated by RP. 1 2

i. While caring for the sick and wounded, RP will receive the same daily 3 rate of pay as is received by EPW. 4 5 j. Monthly allowances for RP will be the same as those prescribed for 6 EPW of the same rank. 7 8 k. RP may be detained in internment facilities housing EPW. When 9 practical, they will be assigned quarters separate from EPW. 10 11 l. RP will wear on their left sleeve a water resistant arm band bearing the 12 distinctive emblem (Red Cross, Red Crescent Red Crystal) issued and 13 stamped by the military authority of the power with which they have served. 14 Authorized persons who do not have such armbands in their possession will 15 be provided with appropriate brassards. 16 17 m. EPW who are certified to be proficient medically or religiously continue 18 to be considered and identified as EPW, as appropriate, but will be 19 administered and treated in the same way prescribed for RP. Enemy 20 personnel who are classified in these categories and are determined 21 qualified by competent Army authority are eligible to be certified as 22 proficient to perform medical or religious duties: 23

24 (1) EPW who are ministers of religion although they have not 25 officiated as chaplains to their own forces. 26 (2) Specially trained EPW, employed at the time of their capture as 27 hospital orderlies, nurses or auxiliary stretcher-bearers, in search 28 for or in collecting, transporting or treating of the wounded and sick. 29 These EPW are not eligible for RP status, but they may be 30 employed only on medical duties they are qualified to perform. 31 (3) Certification of the retained status of personnel will be effected 32 upon the decision that the special identity card held by each such 33 person is valid and authentic. This certification will be decided, if 34 possible, at the time of processing by the DFC. 35

36 n. The CDO or designated representative will confirm the certification of 37 the technical proficiency of the persons described in paragraph 4-1(n). 38 Qualified U.S. Military medical and religious personnel must first confirm the 39 medical or religious proficiency of each EPW. 40

41 4-4. RP Classification Forms 42

43 RP Classification Forms will be completed as follows: 44

45 a. DA Form 2672 (Classification Questionnaire for Officer Retained 46 Personnel) will be completed for captured officers and civilians of equal 47 grade who – 48 49

(1) Claim RP status. 50 (2) Apply for a certificate of medical proficiency. 51

52 b. DA Form 2673 (Classification Questionnaire for Enlisted Retained 53 Personnel) will be completed for all captured enlisted persons and civilians 54



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of equal grade who have or are applicants for a certificate of medical 1 proficiency. 2 3 c. The original form will be placed in the RP’s detention file. A copy will be 4 provided to the DFC, the CCDO, and the TDRC. 5 6 d. Verifications of retained status and religious or medical proficiency will 7 be recorded on the DA Form 4237 of the person concerned. Denials of 8 claims to retained status or certification of proficiency will also be recorded 9 together with a brief statement of the reason. 10

11 4-5. RP Privileges 12

13 RP will enjoy the same correspondence privileges as EPW. Chaplains will be 14 free to correspond, subject to censorship, on matters about their religious 15 duties. Correspondence may be with clerical authorities, both in the country 16 where they are retained and in the country on which they depend and with 17 international religious organizations. RP will be authorized the following 18 additional privileges: 19

20 21 a. They will be authorized to visit EPW periodically in branch internment 22 facilities and in hospitals outside the EPW internment facilities in order to 23 carry out their medical, spiritual or welfare duties. 24 25 b. They will be given the necessary means of transportation for making 26 such visits. 27 28 c. The senior retained medical officer, as well as chaplains, will have the 29 right to correspond and consult with the DFC or his authorized 30 representatives on all questions about their duties. 31 32

33



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Chapter 5 - Civilian Internees (CI) 1 2

5-1. Definition and Application of CI Provisions 3 4

a. Civilian Internees are individuals under the custody and/or control of the 5 DOD pursuant to Article 4, GC during international armed conflict or 6 occupation. Generally, all detainees who are neither engaged in hostilities 7 against the United States or its allies during an armed conflict, nor entitled 8 to status as an EPW or RP will be treated as Civilian Internees. Civilians 9 may be interned for security reasons, for protective purposes or for 10 committing an offense against the Detaining Power. 11 12 b. Persons under the custody and control of the DOD during operations 13 authorized by the United Nations Security Council will be detained as 14 appropriate to their legal status (see paragraph 1.3). As a matter of policy, 15 to the extent practicable and consistent with the scope and duration of the 16 UN authorized operation, persons detained under United Nations Security 17 Council Resolution (UNSCR) authority and not entitled to EPW, RP or CI 18 status will be detained under the provisions of this chapter. The DFC, with 19 prior approval from the first general/flag officer in the chain of command, 20 may deviate from the provisions of this chapter based upon tactical, 21 operational or strategic security concerns or the need to protect the 22 detainees or members of the Armed Forces of the U.S. Deviations from the 23 minimum treatment standards of paragraph 2-2 of this regulation are not 24 authorized. 25 26 c. Persons under the custody and control of the DOD for protective 27 purposes (i.e., during humanitarian relief operations), the provisions of this 28 chapter will apply as practicable. 29

30 5-2. Applicability of General Detainee Treatment Policy[SG1] 31

32 a. While CIs are under DOD custody and control, the General Detainee 33 Treatment Policy stated in paragraph 2-2 of this regulation is applicable; 34 this is the minimum standard of treatment for all detainees. 35 36 b. Under the applicable laws of war, CIs are afforded benefits in addition 37 to those provided by the General Detainee Treatment Policy in this 38 regulation, including: 39

40 (1) CI’s are protected persons under the Geneva Convention for 41 the Protection of Civilians (GC) and are entitled to respect for their 42 persons, their honor, their family rights, their religious convictions 43 and practices and their manners and customs. Women should be 44 especially protected against any attack on their honor, rape, forced 45 prostitution or indecent assaults. 46 47 (2) No unlawful coercion shall be exercised against protected 48 persons, in particular to obtain information from them or from third 49 parties. 50 51 (3) Access to morale, religious, intellectual, educational, social, 52 physical and recreational activities. 53 54



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(4) The ability to correspond with their families and receive relief 1 shipments, per paragraph 5-20 below. 2 3 (5) CI will be provided access to copies of the 1949 Geneva 4 Conventions in their own language. 5

6 c. CI’s will be interned in facilities according to their nationality, language 7 and customs. Parents and dependent children shall be lodged together, 8 except when separation of a temporary nature is necessitated for reasons 9 of employment or health or imperative reasons of security. Whenever 10 possible, interned members of the same family shall be housed in the same 11 premises and given separate accommodation from other internees, 12 together with facilities for leading a proper family life. They will be 13 accommodated and administered separately from EPW or from persons 14 deprived of liberty for any other reason. 15 16 d. CI committee members will be elected by secret ballot every six months 17 to represent CI’s before the Detaining and Protecting Powers and the ICRC. 18 They shall be responsible for furthering the physical, spiritual and 19 intellectual well-being of the internees. 20 21 e. The conditions in CI internment facilities will ensure that protected 22 persons are accommodated in buildings or quarters which afford every 23 possible safeguard as regards hygiene and health and provide efficient 24 protection against the rigors of the climate and the effects of war. 25 26 f. Internment cards will be prepared for each CI and forwarded to the 27 ICRC or a Central Agency, as outlined in paragraph 1-4l, above and 28 paragraph 5-20 below, so that the internees’ relatives may be informed of 29 his capture, address and state of health. The cards will be forwarded as 30 rapidly as possible and may not be delayed. 31 32 g. Any deviation from the standard of care outlined in this regulation or the 33 accompanying provisions of the GC, must be justified by ―imperative military 34 necessity‖ as determined by the unit or facility commander, including the 35 health and safety of the detainee and the security of the Detaining Power; 36 at no time will deviation from the minimum standards of treatment outlined 37 in paragraph 2-2 be authorized. 38 39 h. In cases where detention occurs and the host nation has a functioning 40 administrative or judicial detention process that complies with humane 41 detention standards, detainees should be subject to local laws and 42 procedures to the maximum extent consistent with the security situation. 43 Where such process is not functioning or does not exist, pending 44 restoration of the host nation administrative and judicial processes, 45 detainees will be treated in accordance with the humane detention 46 standards set forth in this regulation. 47

48 5-3. Administrative provisions 49

50 The following administrative provisions apply to CIs: 51

52 a. CI will be entitled to apply for assistance to the PP, the ICRC, approved 53

religious organizations, relief societies and any other organizations that 54 assist CI. The commander will grant these organizations the necessary 55



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facilities to enable them to assist the CI within the limits of military and 1 security considerations. 2 3

b. In all criminal trials, CI’s will be entitled to a fair and regular trial as 4 prescribed by this regulation. 5 6

c. Deportations from occupied territory to the territory of the occupying power 7 or any other country, occupied or not, are prohibited. 49). 8

9 5-4. Authorization to intern 10

11 a. Only civilian persons who meet the requirements for protected 12 status set forth in the GC will be classified as CI. Internment of 13 protected civilian persons in a CI internment facility is authorized 14 and directed provided that such persons satisfy the requirements 15 for being accorded the status of CI. One of the following three 16 conditions must apply: 17

18 (1) Internment has been determined by competent U.S. Military 19 authority to be necessary for imperative reasons of security to the 20 Armed Forces of the U.S. Armed Forces in the occupied territory. 21 22 (2) Internment has been directed by a properly constituted U.S. 23 military court sitting in the occupied territory as the sentence for 24 conviction of an offense in violation of penal provisions issued by 25 the occupying Armed Forces of the U.S. 26

27 (3) The person has voluntarily requested internment and a 28 competent U.S. military authority has determined, based upon 29 his/her situation, that internment is necessary. 30 31

b. CI will be released by the Detaining Power as soon as the reasons 32 which necessitate his internment no longer exist. 33

34 5-5. Order for internment 35

36 Civilian Internees may be interned or placed in assigned residences only for 37 their protection or when the security of the Detaining Power makes it 38 absolutely necessary . Internment of civilians is a serious deprivation of liberty 39 for the civilian populace. A protected civilian person in occupied territory will 40 be accepted for evacuation to and/or for internment in, a CI internment facility 41 only on receipt of one of the following: 42 43

a. An internment order for imperative security reasons authenticated by 44 a responsible commissioned officer of the Armed Forces of the U.S. 45 specifically delegated such authority by the CDO. 46

47 b. An order of an authorized commander approving and ordering into 48

execution a sentence to internment pronounced by a properly 49 constituted U.S. military court sitting in the occupied territory. 50

51 c. The person has voluntarily requested internment and a competent 52

U.S. military authority has determined, based upon his/her situation, 53 that internment is necessary. 54



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1 2

5-6. CI Internment Order 3 4 CI will be provided a copy of their internment order in a language they 5 understand. At a minimum CI internment orders will contain the following 6 information: 7 8

a. The internee's personal data to include full name, home address and 9 ISN. 10

11 b. A brief statement of the reason for internment. 12

13 c. Authentication to include the signature of the authenticating officer 14

over his typed name, grade, ISN and organization. The redaction 15 of the authenticating officer’s name and ISN may be authorized for 16 security reasons. 17

18 d. Notice of the right to appeal the order to a competent tribunal. 19

20 5-7. Compassionate internment 21

22 Requests by CI for the compassionate internment of their dependent children 23 who are at liberty without parental care in the occupied territory will normally 24 be granted when both parents or the only surviving parent is interned. 25 26

5-8. Custodial security 27 28 The degree of security and control exercised over CI will reflect the conditions 29 under which their internment is authorized and directed and will recognize the 30 escape hazards and difficulties of apprehension attendant on the internment of 31 the CI in an occupied territory. 32 33

5-9. Custodial segregation 34 35 Interned CI may be administratively segregated as necessary for security. 36 Segregation must be effectively employed in order to protect vulnerable CI 37 groups or individuals (such as women, children and ethnic groups) from 38 exploitation or harm by others. CIs may also be segregated to prevent them 39 from harming others or themselves. They may also be segregated to prevent 40 CI’s from organizing disturbances or attacks or continued participation in 41 insurgent activities, within the internment facility. Sentenced prisoners [para. 42 5-5b, above] will be segregated from other CI’s. 43 44

5-10. Spies, saboteurs and security threat individuals 45 46

a. As individually determined by the CDO, protected civilian persons 47 who are detained as alleged spies, saboteurs or as persons under 48 definite suspicion of activities hostile to the security of the United 49 States as an occupying power, may be regarded as having forfeited 50 rights of communication with the outside world for reasons of military 51 security. Such forfeiture will be viewed as an exceptional and 52 temporary measure. Due to the seriousness of the charges, such 53 persons will not be processed as ordinary CI. 54



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1 b. Suspected spies, saboteurs and security threat individuals will be 2

afforded the same general detainee protections as all other 3 detainees. In the case of trial, they will be accorded the rights of fair 4 and regular trial prescribed by this regulation. 5

6 c. When by the direction of the CDO, suspected spies, saboteurs and 7

security threat individuals’ rights of communication with the outside 8 world have been restored, their internment in a CI internment facility 9 may be ordered in accordance with the provisions stated above. 10 When so interned, they will be accorded full CI status. At the earliest 11 date consistent with the security of the United States, they will be 12 released and granted full rights and privileges. 13

14 5-11. Civilian Internee Review Tribunals (CIRT).[LOCKED per SG1] 15

16 a. Appeals. CI who are interned for imperative security reasons by 17

order of a commander or other competent authority will be afforded 18 the right to appeal the order directing their internment. Such appeals 19 will be considered with the least possible delay by a competent 20 tribunal, convened under the provisions of paragraph 2-5. Appeals 21 will be then acted upon by the tribunal convening authority, based on 22 the recommendation of the tribunal and any additional matters 23 provided by the CI. 24

b. Periodic review. In the case where an appeal has been denied, the 25 tribunal will review the case at least every six months to determine 26 whether continued internment is warranted. During this periodic 27 review, the tribunal is to reconsider whether the CI continues to 28 present an imperative threat to security, with a view to release if 29 circumstances permit 30

c. 31

32 (1) Additional procedural measures. Recognizing the gravity of 33

continued internment (as a deprivation of liberty of the civilian 34 detained), convening authorities should direct additional 35 procedural measures as the security situation allows. See 36 paragraph 2-5f(4). 37

d. Action by Convening Authority. The convening authority will take 38 appropriate action based upon the CIRT report of proceedings. The 39 convening authority may take action more favorable to the CI than 40 that recommended by the CIRT, may return a report to the CIRT for 41 additional fact finding or proceedings, or forward the report to 42 another CIRT. However, in the absence of new matters, no 43 convening authority will direct continued detention if the CIRT 44 recommends release. 45

46 e. Reclassification to assigned residence. In each CI case reviewed by 47

the board in which continued control is necessary, the CI will be 48 considered for an assignment to a residence in an area where there 49 is adequate control. 50



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1 f. Continued internment. CI who have been determined by a CIRT not 2

to be entitled to release from internment or placement in assigned 3 residence will not be executed, imprisoned, or otherwise penalized 4 without further (judicial) proceedings to determine what acts they 5 have committed and what penalties should be imposed. 6

7 g. Cognizance of host nation capabilities. CIRTs will review cases of 8

those detained by U.S. forces while recognizing that many internees 9 are subject to parallel administrative or judicial proceedings of a host 10 nation and that such host nation institutions may be evolving over 11 time. Convening authorities and CIRTs will take cognizance of 12 relevant evidence obtained by host nation authorities and will 13 consider host nation investigative, detention and other capabilities in 14 making decisions bearing on the welfare of the detainee. 15

16 h. Support of dependents. The United States shall ensure the support 17

of the CI dependents that are at liberty in the occupied territory and 18 are without adequate means of support or are unable to earn a living. 19

20 5-12. Civilian Internee Safety Program 21

22 a. Establishment. A safety program for the CI will be established and 23

administered in accordance with the policies prescribed in AR 385-24 10 and other pertinent safety directives. 25

26 b. Reports and records. DA forms and procedures outlined in AR 385-27

10 will be used in the implementation of the CI safety program. When 28 so used, the letters ―CI ―will be clearly stamped at the top and bottom 29 of each form. All such forms will be prepared, administered and 30 maintained separately from those prepared for personnel included 31 under the Army Safety Program. 32

33 34

5-13. CI Administration 35 36

a. CI will be administered and housed separately from other detainee 37 categories and in accordance with their security requirements. 38 Except in the case of families, female CI will be housed in separate 39 quarters in accordance with their security requirements and will be 40 under the direct supervision of women to the extent possible. 41

42 b. When possible, the CI will be interned in CI internment facilities 43

according to their nationality, language and customs. All CI who are 44 nationals of the same country will not be separated merely because 45 they speak different languages. 46

47 c. Complete segregation of female and male CI will be maintained 48

except— 49 50

(1) When possible, members of the same family, particularly parents 51 and dependent children, will be lodged together and will have 52 facilities for leading a normal family life. 53

54



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(2) A parent with dependent children, if single or interned without 1 spouse, will be provided quarters separate from those for single 2 persons. 3

4 (3) Dependent children, who are interned for compassionate 5

reasons with their parents will be classified as CI and processed 6 in the same way as their parents for accountability purposes. 7 Children will be issued a DRS detainee ID bracelet. . 8

9 (4) All efforts will be made to take the necessary measures to 10

ensure that children under fifteen, who are orphaned or are 11 separated from their families as a result of the war, are not left to 12 their own resources. 13

14 d. DA Form 2674 15

16 (1) General. DA Form 2674 will be prepared for each CI internment 17

facility and hospital to which CI are assigned. Preparation will be 18 in accordance with applicable procedures set forth for EPW. 19

20 (2) The following personnel will be accounted for: all civilians 21

processed and classified as CI and for whom an ISN has been 22 assigned and dependent children for whom compassionate 23 internment with their CI parents has been approved in 24 accordance with procedures prescribed by the CDO. 25

26 (3) Basic personnel data. References to entries in section B, 27

Remarks, requiring basic personnel data, will be interpreted as 28 follows: 29

30 (a) Name. Enter last names and first names, in that order, 31

alphabetically according to section (assigned gains, losses 32 and so forth) of CI and dependent children. 33

(b) Internment serial number (ISN). Enter complete serial 34 number. (Dependent children are not assigned ISNs). 35

(c) Grade. Civilian capacity or title, CI only. 36 (d) Sex. CI and dependent children. 37 (e) Nationality. CI and dependent children. Enter name of 38

country of which parents claim citizenship. 39 (f) Occupational skill. Applies only to CI. 40

41 (4) Remarks column. On initial entry, enter in the ―remarks― column 42

the notation ―approved by ― (insert appropriate headquarters) on 43 (insert date approved) CI and dependent children. 44

45 e. Civilian Internee personnel record. CI will be processed in the 46

same manner as EPW, per paragraph 3-4. 47 48 49

f. ISN for each CI will be assigned according to the procedure set forth 50 for EPW. 51

52 g. If a CI does not hold an identification card issued by their 53

government, the CI will be issued a Detainee ID bracelet (created by 54 DRS) or a completed DA Form 2677 (Civilian Internee Identity Card), 55



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if DRS is not available. The identification card or ID bracelet will be in 1 the possession of the CI at all times. A notation indicating 2 preparation of DA Form 2677 will be made under item 36 of DA Form 3 4237 (Detainee Personnel Record) if DRS is not available. 4

5 h. Internment card. On issuance of an ISN by DRS or completion of a 6

DA Form 4237, but not later than one week after arrival at a CI 7 internment facility, each CI must complete two copies of DA Form 8 2678 (Civilian Internee Notification of Address). One copy will be 9 addressed to the ICRC or PP and the other copy to a relative or next 10 of kin. 11

12 13

5-14. Personal effects 14 15

a. All personal effects, including money and other valuables of the CI, 16 will be safeguarded and accounted for. Personal effects will be 17 classified according to their disposition. 18

19 b. The personal effects that detainees are allowed to retain, but are 20

taken from them temporarily for intelligence purposes, will be 21 receipted for and returned as soon as practical. Any national 22 identification card or DA Form 2677 will not be taken from the CI at 23 any time. 24

25 (1) The DFC may receive personal effects that the CI are permitted 26

to retain, but which they wish stored. Individual receipts will be 27 given to the CI for all items stored in this manner. 28

29 (2) Any claim by a CI for compensation for personal effects, money 30

or valuables stored or impounded by the United States and not 31 returned upon repatriation or any loss alleged to be the fault of 32 the United States or its agents will be referred to the country to 33 which the CI owes allegiance. In all cases, DFCs will provide the 34 CI with a statement, signed by a responsible officer, describing 35 the property not returned and the reason. A copy of this 36 statement will be forwarded to the TDRC. 37

38 c. An inventory of personal effects that have been impounded will be 39

entered on DA Form 4237, item 35. In addition, DA Form 1132 will 40 be completed by the CI and signed by the officer in charge or his 41 authorized representative and a copy given to the CI. 42

43 d. The commanding officer of the internment facility where the CI is 44

interned will be responsible for storing and safekeeping impounded 45 personal effects. Such property will be marked with the detainee’s 46 ISN and securely bound or packaged. Upon transfer, the CI 47 impounded property will be delivered to the commanding officer of 48 the receiving facility. 49

50 e. Money found in the possession of the CI will be handled according to 51

DFAS-IN Regulation 37-1. 52 53



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f. Confiscated items of economic value will be receipted to the proper 1 agency. Items of intelligence interest will be brought to the attention 2 of MI personnel immediately and receipted to them. 3

4 g. Personal property and documents of importance to the next of kin left 5

by a CI who has been released, has died or has been in an escaped 6 status in excess of 30 days, will be forwarded to the TDRC in sealed 7 parcels. The parcels will be accompanied by statements identifying 8 the CI and listing the contents. All parcels will be receipted for by the 9 authorized losing or gaining facility representative. 10

11 h. The CDO will be responsible for retaining and storing other personal 12

effects, pending final disposition instructions from: OPMG (NDRC), 13 Washington, DC 20310-2800. 14

15 5-15. Internee committee 16

17 Within the constraints of security and military necessity, an internee committee 18 may be established. 19 20

a. Election. At each internment facility and branch internment facility, 21 CI will be elected by secret written ballot to the internee committee. 22 This committee is empowered to represent the internment facility to 23 the PP, the ICRC or other authorized relief or aid organizations and 24 U.S. military authorities. 25

26 b. Composition. The internee committee will consist of not less than 27

two and not more than three elected members. Elections will be held 28 every six months or upon the existence of a vacancy. Committee 29 members are eligible for re-election. 30

31 c. Approval. Each member of the internee committee will be approved 32

by the DFC prior to assumption of duty. If the DFC refuses to 33 approve or dismisses an elected member, a notice to that effect with 34 the reasons for refusal or dismissal will be forwarded through 35 channels to the TDRC for transmittal to the PP with a copy furnished 36 to NDRC. 37

38 d. Assistants. Each member of the internee committee may have an 39

assistant to act as an interpreter. The interpreter must be approved 40 by the DFC. 41

42 e. Duties. 43

44 (1) The internee committee will be responsible for furthering the 45

physical, spiritual and intellectual well being of the CI. Members 46 will not be required to perform any other work if it interferes with 47 their duties. 48

49 (2) Any mutual assistance organization set up by the CI will be 50

under the jurisdiction of the internee committee. 51 52

(3) Internee committee members will be provided with the necessary 53 materials, facilities and transportation and will be given the 54 freedom required to accomplish their duties. Additional special 55



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duties performed by members of an internee committee include 1 the following: 2

3 (a) Visits to outside labor details. 4 (b) Checking the management of the canteen and the canteen 5

fund. 6 (c) The presentation and transmittal of petitions and complaints 7

to the appropriate authorities. 8 (d) The distribution and disposition of collective relief shipments. 9 (e) Keeping informed of ongoing and final judicial proceedings 10

instituted against a CI whom they represent. 11 (f) The delivery of perishable goods to the infirmary when 12

addressed to a CI undergoing disciplinary punishment. 13 (g) Representing the interest of the CI by ensuring the transport 14

of their community property and luggage that they are 15 unable to take with them on transfers because of baggage 16 weight limitations. 17

18 (4) Members of internee committees who are transferred will be 19

allowed a reasonable time to acquaint their successors with their 20 duties and related current CI affairs. 21

22 f. Communications facilities. Members of the internee committee will 23

be accorded postal and telegraphic facilities for communicating with 24 the Protecting Powers, ICRC and its delegates or other relief and aid 25 organizations authorized to assist the CI and U.S. military authorities. 26 Committee members of branch internment facilities will be accorded 27 similar facilities for communicating with the internee committee of the 28 parent CI internment facility. These communications will be 29 unlimited and will not be counted as part of the member’s 30 correspondence quota. 31

32 5-16. Supplies 33

34 a. General. 35

36 (1) Where practical, a CI must provide his own clothing and 37

footwear, but under no circumstances will they lack either. 38 Approved items of clothing and equipment, general supplies, 39 subsistence and fuel will be supplied upon requisition. Outer 40 clothing will be treated with permethrin, or suitable equivalent, as 41 required. 42

43 (2) No replacement clothing will be issued except as circumstances 44

warrant, as required by climatic conditions, or as needed for 45 work clothing. 46

47 (3) Except for hats and other accessories any item of clothing that 48

may be worn as an outer garment will be marked as prescribed 49 below: 50

51 (a) All shirts, undershirts, blouses, jackets, coats including 52

overcoats and raincoats and similar articles will be marked 53 with the letters ―CI ― across the back and on the front of each 54 sleeve between the elbow and shoulder. The letters will be 55



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black and 4 inches high. If the clothing or uniforms are of 1 such color that black letters do not contrast well, white will be 2 used. 3

4 (b) Trousers, walking shorts and like items of clothing will be 5

similarly marked with the same letters across the back just 6 below the belt and on the front of both legs just above the 7 knees. 8

9 (c) At the discretion of the DFC, the ISN or other identification 10

marks may be written or stamped on the inside of all CI 11 clothing. 12

13 b. Food. 14

15 (1) Subsistence for the CI will be issued based on a master CI menu 16

authorized by the CDO. Preparation of the menu will include the 17 following: 18

19 (a) The daily food ration procured from approved sources will be 20

sufficient in quantity, quality and variety to maintain the CI in 21 good health and to prevent nutritional deficiencies. 22

23 (b) The customary diet of the CI will be considered. 24

25 (c) The CI performing physical labor will receive additional food 26

in proportion to the kind of labor performed. 27 28

(d) Expectant and nursing mothers and children under 15 years 29 of age will receive additional food in proportion to their 30 physiological needs. 31

32 (2) Facilities will be available to the CI for preparing additional food 33

received or procured by them from authorized sources. 34 35

5-17. Social, intellectual and religious activities 36 37

a. General. 38 39

(1) Subject to security considerations and internment facility 40 discipline, the CI will be encouraged, but not required, to 41 participate in social, intellectual, religious and recreational 42 activities. Furthering enemy propaganda objectives through 43 these activities will not be tolerated. 44

45 (2) Premises and facilities for conducting the activities in (1) above 46

will be made available in each internment facility, if possible. 47 Required materials and supplies will be requisitioned through 48 normal supply channels. 49

50 (3) Carefully selected and qualified civilian nationals and CI may be 51

used for the conducting of activities in (1) above where practical, 52 as long as they are closely supervised by U.S. personnel. 53

54 b. Visits. 55



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1 (1) Official. Duly accredited representatives of the Protecting Power 2

and of the ICRC and other authorized organizations will be 3 permitted to visit and inspect CI internment facilities and other 4 places of internment in the discharge of their official duties. The 5 inspections will be at times previously authorized by the CDO. 6 Such visits will not be prohibited, nor will their duration and 7 frequency be restricted, except for reasons of imperative military 8 necessity and then only as a temporary measure. These 9 representatives will be permitted to— 10

11 (a) Interview the CI without witnesses, if requested. 12

13 (b) Distribute relief supplies and approved materials intended for 14

educational, recreational or religious purposes or for 15 assisting the CI in organizing their leisure time within the 16 places of internment. Visiting representatives may not 17 accept from the CI any letters, papers, documents or articles 18 for delivery. 19

20 (2) Social. Close relatives and other persons authorized by the 21

CDO will be permitted to visit the CI as frequently as possible in 22 accordance with theater regulations. They should be advised 23 that the taking of photographs on or about the facility is 24 prohibited. 25

26 (3) Emergency visits by Civilian Internees. Subject to theater policy, 27

the CI may visit their homes in urgent cases, particularly in cases 28 of death or serious illness of close relatives. 29

30 c. Education. 31

32 (1) The CI education program, as developed for each CI internment 33

facility, will reflect consideration of the following: 34 35

(a) The several educational levels represented in the CI 36 population of the internment facility. 37

38 (b) The establishment of basic courses of instruction to include 39

elementary level reading, writing, geography, mathematics, 40 language, music, art, history and literature. 41

42 (c) The uninterrupted education of dependents residing with 43

their CI parents. This education will reflect to the extent 44 determined feasible by the CDO, the educational curriculums 45 of the particular country. 46

47 (d) The development of vocational training projects with an 48

immediate view of developing skills that may be useful 49 during internment and a longer range view of enabling the CI 50 to learn a useful trade in which they may engage when 51 returned to normal civilian life. 52

53 (2) Equipment required to support the education program will be 54

requisitioned through normal supply channels. At the discretion 55



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of the DFC, items not in supply may be purchased locally and 1 paid for from the internment facility Civilian Internee Fund 2 provided the items will benefit most CI. The CI personnel 3 employed in the education program will be paid the established 4 rate of pay from the internment facility Civilian Internee Fund. 5

6 d. Religion. 7

8 (1) CI will enjoy freedom of religion, including attendance at services 9

of their respective faiths held within the internment facilities. 10 Wines used for religious purposes will be permitted. 11

12 (2) CI who are clergy may minister freely to CI who voluntarily 13

request their ministration. Equitable allocation of CI clergy will 14 be effected among the various internment facilities. 15

16 (3) If there is a shortage of CI clergy and the circumstances warrant, 17

the DFC will provide the CI clergy with the necessary means of 18 transport for visiting the CI in branch internment facilities and 19 hospitals. 20

21 (4) The CI clergy will be permitted to correspond on religious 22

matters with the religious authorities in the country of detention 23 and, as far as possible, with the international religious 24 organizations of their faiths. This correspondence will not be 25 considered as forming a part of the quota that may be 26 established in accordance with paragraph , but will be subject to 27 censorship. 28

29 (5) Ordained clergy or a theological student who are not CI may be 30

authorized to enter an internment facility and conduct religious 31 services. Visits by such personnel will be in accordance with 32 procedures prescribed by the CDO. 33

34 e. Recreation. 35

36 (1) Recreational activities and facilities, in addition to sports and 37

outdoor games, may include concerts and plays put on by the CI, 38 recorded music, selected motion pictures and other activities 39 authorized by the CDO. 40

41 (2) Special playgrounds will be reserved for dependent children of 42

the CI. 43 44

(3) Expenditures from the internment facility Civilian Internee Fund 45 for the purchase or rental of recreational equipment are 46 authorized. 47

48 (4) Appointed delegates of the International Committee of Red 49

Cross are authorized to assist in developing recreational and 50 welfare activities. 51

52 5-19. Procedures for communications 53

54



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a. Restrictions on numbers and addresses. Procedures for CI 1 correspondence will be in accordance paragraph 3-12. a-f. except that 2 DA Forms 2679-R (Civilian Internee Letter) and 2680-R (Civilian Internee 3 Post Card) will be substituted for DA Forms 2667-R and 2668 4 respectively. No restriction will be placed on persons with whom the CI 5 may correspond. DA Form 2679-R will be reproduced on 8 1/2-by 11-6 inch paper, head to head. DA Form 2680-R will be reproduced on 4-by 7 6-inch card, head to foot. These forms are for the use of Army only 8 (other services will use analogous service forms). 9

10 b. Outgoing mail. The following procedures apply to outgoing mail: 11 12

(1) Letters and cards will be typed or written legibly in ink. Block 13 printing may be used. 14

(2) Correspondence will be addressed as follows: 15 16

(a) Names and addresses will be complete; they will be 17 placed in the spaces designated on the correspondence 18 forms. 19 (b) The return address will be in block print to include the 20 full name, grade, ISN, place and date of birth of the sender 21 and the name of the facility to which assigned. Instructions 22 for including the APO number or the country in which the 23 facility is located should be issued by local directives. 24 (c) A person at a branch facility will give the parent facility 25 as the return address. The person will be retained on the 26 rosters and postal records of the parent facility. 27 (d) The surnames in the address and return address of 28 letters and cards will be underlined. 29

30 (3) Each person will be required to date his letters and cards. The 31

name of the month will be written, not shown by a number. 32 (4) To expedite the handling of mail, CIs will designate the 33

language of their communication. 34 (5) The date will not be crossed off, written over or otherwise 35

modified. 36 (6) Letters and cards will not be numbered consecutively. 37 (7) The entire letter or card will be written by the same person. If 38

necessary, the address may be written by someone else. 39 (8) The CI may not write letters for others who are able to do so 40

themselves. A person may be unable to write because of lack 41 of education, accident or sickness. If so, the facility 42 commander may permit another person to write the message. 43 In these cases, the person doing the writing will countersign the 44 message. 45

(9) Letters and cards with parts excised, deleted or otherwise 46 mutilated before being dispatched from the facility will be 47 returned to the person for rewriting. 48

49 c. Correspondence sent to Civilian Internees. Instructions on letters and 50 cards that are sent to CI should be communicated by CI to their 51 correspondents. 52 53

(1) The name and return address of the sender will be typewritten 54 or hand printed. For letters, the sender’s name and address will 55



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always appear on the backs of the envelope. The addresser’s 1 surname will be underlined. 2

(2) The name, grade, ISN of the detainee, the name or number of 3 the detention facility and the geographical designation or APO 4 number will be placed in the center lower half of the envelope 5 card. These items are specified by local directives or the facility 6 commander. The entire name of the detainee will be in block 7 print. The address will be placed as near the lower edge of the 8 envelope as possible; the postmark at the top will not be 9 obscured or obliterated. 10

(3) The term ―Civilian Internee Mail‖ will be placed in the upper left 11 corner on the address side. In the upper right corner the words 12 ―Postage Free‖ must be shown. 13

14 d. Legal documents. Legal documents, such as wills and deeds, may be 15

enclosed with outgoing correspondence. When it is necessary for a CI to 16 send a legal document, the document and forwarding letter or card may 17 be enclosed in a plain envelope. 18

19 e. Maps, sketches or drawings. The CI will not send maps, sketches or 20

drawings in outgoing correspondence. 21 22 f. Registered certified, insured, COD or airmail items. Individuals will not 23

be permitted to mail registered, certified, insured, COD or airmail items. 24 If registered, certified, insured or COD mail of either domestic or foreign 25 origin addressed to a detainee is received, it will be refused. The local 26 post office will return them to the sender. 27

28 g. Postage. Letters and cards to and from the CI will be sent by ordinary 29

mail and postage free. 30 31 h. Security. Outgoing letters and cards will be secured by using locked 32

boxes or similar means. Only authorized U.S. personnel will handle 33 outgoing mail. Incoming mail may be sorted by the CI when supervised 34 by U.S. personnel. 35

36 i. Censorship. Censorship of the CI mail will be according to policies 37

established by the CDO: 38 39

(1) Outgoing letters and cards may be examined and read by the 40 DFC or his designee. The facility commander will return 41 outgoing correspondence containing obvious deviations from 42 regulations for rewriting. 43

(2) DFC will name U.S. military personnel to supervise the opening 44 of all mail pouches containing incoming letters and cards for CI. 45 These items will be carefully examined by the named personnel 46 before delivery to detainees. Those items that arrive without 47 having been censored by appropriate censorship elements will 48 be returned for censorship to the designated censorship 49 elements. 50

(3) The CI complaints concerning mail delivery will not be directed 51 to censorship elements. These will be directed to— 52

(a) The facility authorities. 53 (b) The responsible CDO. 54 (c) NDRC. 55



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(d) The PP. 1 2

j. Procedures for parcels. 3 4

(1) A person may receive individual parcels and collective 5 shipments containing— 6

(a) Foodstuffs. 7 (b) Clothing. 8 (c) Medical supplies. 9 (d) Articles of religious, educational or recreational nature. 10

(2) Books, included in parcels of clothing and foodstuffs, may be 11 confiscated as the DFC decides. 12

(3) The CI may send parcels subject to such restrictions as may be 13 deemed necessary by the CDO with respect to quotas, 14 contents, size and weight. The CI may send parcels free of 15 charge up to a weight of 5 kilograms per package or 10 16 kilograms in the case of articles that cannot be separated (Art 17 39, Universal Postal Convention). 18

(4) Parcels received for transferred persons will be forwarded 19 immediately to them. 20

(5) Nonperishable articles received for persons who have died, 21 escaped or been released will be forwarded to the TDRC. 22 Perishable items received for deceased or escaped persons 23 will be released to the Internee Committee who will deliver 24 them to the facility infirmary or hospital for the benefit of the CI. 25

(6) The contents of all incoming parcels will be examined at the 26 facility by a U.S. officer in the presence of the addressee or the 27 named representative. When considered necessary, the facility 28 commander may request that the parcel be examined by the 29 censorship element. The articles in each parcel will be 30 removed. The string, the inner wrappings, the outer container 31 and any extraneous items found in the parcel will not be turned 32 over to the CI or the named representatives. Examination will 33 be close enough to reveal concealed articles and messages; 34 however, undue destruction of contents of parcels will be 35 avoided. 36

37 k. CI may send and receive telegrams or other types of 38

communications as determined by the DFC. They may make, 39 participate in or receive telephone calls or other types of electronic 40 communication under policies developed by the DFC. 41

42 (1) At a minimum: 43 44

(a) A CI who has not received mail from next of kin for three 45 months may send a telegram or other type of electronic 46 communication. One month from the date a previous 47 telegram or other type of electronic communication was 48 sent, a detainee who has not received a written answer 49 or other communication from the addressee may send 50 another telegram or other type of electronic 51 communication. 52

(b) CI unable to receive mail from their next of kin or send 53 mail to them by ordinary postal routes or who are a great 54 distance from their home, will be permitted to send one 55



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telegram or other type of electronic communication a 1 month. 2

(c) CI who are seriously ill or who have received news of 3 serious illness or death in the family, may be permitted 4 to send a telegram or other type of electronic 5 communication. 6

(d) The detention facility commander may authorize the 7 sending of additional telegrams or other types of 8 electronic communications. 9

10 (2) The sending of telegrams or other types of electronic 11

communication as provided for in (1) above will be governed 12 by the following: 13

14 (a) The message proper will consist of not more than 15 15

words. The detention facility commander may authorize 16 longer messages be sent. 17

(b) The cost, if any, of sending the telegram or other type of 18 electronic communication will be debited to the person's 19 account. 20

(c) Arrangements for messages going to or through enemy-21 occupied countries will be made with the ICRC Field 22 Director. 23

(d) Telegrams or other types of electronic communication, 24 as a general rule, will be written in their native language. 25

(e) No telegram or other type of electronic communication 26 will be sent to a Government official or to a Protecting 27 Power. 28

(f) Telegrams and other types of electronic communication are 29 subject to censorship. 30

31 l. Books. The CI may receive books. Persons or organizations may 32

donate new or unmarked used books, singly or in collections, to 33 facility libraries. Books that arrive at facilities uncensored will be 34 censored by a representative of the censorship element. 35 Publications (books, magazines, newspapers and so forth) 36 containing maps may be made available to the CI upon approval by 37 the facility commander, provided they do not contain maps of the 38 territory surrounding the facilities. 39

40 m. Newspapers and magazines. The following may be made available 41

to the CI: 42 43

(1) Current newspapers and magazines published in English in the 44 United States and selected by the facility commander. 45

(2) Unmarked, unused magazines in English published in the 46 United States and distributed by approved relief or aid 47 organizations received at the discretion of the facility 48 commanders for facility libraries after censorship by the 49 censorship element. 50

(3) Foreign language newspapers and magazines published in the 51 United States, upon approval of the facility commander and 52 after censorship of individual issues by the censorship element. 53

(4) Newspapers and magazines published outside the United 54 States, regardless of language, must be approved by the CDO. 55



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1 5-20. Complaints and requests to DFCs and ICRC/Protecting 2

Power 3 4

a. CI may make complaints or requests to the DFC, who will try to 5 resolve the complaints and answer the requests. If the CI is not 6 satisfied with the way the commander handles a complaint or 7 request, he may submit it in writing, through channels, to OPMG, 8 (NDRC). Upon notification of an ICRC/Protecting Power visit, DFCs 9 will notify the chain of command and the SJA. 10

11 b. Persons exercising the right to complain to the Protecting Power 12

about their treatment and internment facility may do so— 13 14

(1) By mail. 15 (2) In person to the visiting representatives of the Protecting Power, 16

the ICRC or designated organizations. 17 (3) Through their internee committee. 18

19 c. Written complaints to the ICRC/Protecting Power will be forwarded 20

promptly to the CCDR and NDRC. A separate letter with the 21 comments of the DFC will be included. Military endorsements will not 22 be placed on any CI communications. 23

24 d. Written communications from ICRC/PP to DFC commanders or any 25

other military or civilian official of the DOD at any level shall, within 26 24 hours, be transmitted to the USD(P), with information copies to 27 the Director, Joint Staff; the Chairman’s Legal Counsel; the Assistant 28 Secretary of Defense for Public Affairs; the DOD General Counsel; 29 and the DOD Executive Secretary. ICRC reports received by 30 officials within a CCDR’s AOR shall also be transmitted 31 simultaneously to the CCDR. A copy of the communication will be 32 reported as well as to the HQDA, OPMG (NDRC), to be retained as 33

part of the detainee’s official personnel file. 34 35

e. Any credible allegation or perceived violation of the law of war or 36 detainee abuse will be immediately reported to USACIDC or other 37 competent investigative authority and reported to the CCDR and to 38 HQDA as an SIR, in accordance with AR 190-45. Once completed, a 39 copy of the SIR accompanies the CI to the internment facility and a 40 copy is distributed through the TDRC to HQDA, OPMG (NDRC). All 41 available pertinent information from the CI will be entered on the 42 form. 43

44 5-21. Discipline and security 45

46 Measures needed to maintain discipline and security will be set up in each 47 internment facility and rigidly enforced. Offensive acts against discipline will be 48 dealt with promptly. The DFC will record disciplinary punishments. The record 49 will be open to inspection by the Protecting Power. 50 51

a. Prohibited acts. 52 53



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(1) Associations on close terms between the CI and U.S. military or 1 civilian personnel. 2

(2) Exchange of gifts between the CI and U.S. military or civilian 3 personnel. 4

(3) Setting up of courts by the CI. The CI will not have any 5 disciplinary power or administer any punishment. 6

7 b. Regulations orders and notices. Regulations orders, authorized 8

punishments and notices on the conduct and activities of the CI will 9 be written in a language the CI can understand. They will be posted 10 in a place within each internment facility where the CI may read 11 them. They will also be made available to persons who do not have 12 access to posted copies. Additional copies will be given to the 13 internee committee. This requirement will also apply to the text of the 14 GC and texts of special agreements concluded under it. Every order 15 and command addressed personally to the CI must be given in a 16 language he understands. To protect persons from acts of violence, 17 bodily injury and threats of reprisals at the hand of fellow internees, a 18 copy of the following notice in the internee's language will be posted 19 in every compound. 20

21 22 23 24 25 26 27 28 29 30 31 32 33 34

c. Courtesies. The normal civilian courtesies will be required of the CI 35 in their relationships with military personnel. U.S. military personnel 36 will be courteous and will extend to the CI the regard due them. 37

38 d. Flags and political emblems. Flags on which a political enemy 39

emblem or device appears will be seized. The CI will not have any 40 political emblem, insignia, flag or picture of political leaders. The CI 41 may have pictures of political leaders that appear in magazines, 42 books and newspapers if the pictures are not removed. 43

44 f. Security. All security matters connected with the custody and 45

utilization of the CI are the responsibilities of the CDOs in overseas 46 areas. 47

48 5-22. Provisions common to disciplinary and judicial 49

punishments 50 51

a. General. 52 53

NOTICE Any Civilian Internee, regardless of faith or political belief, who fears that their lives are in danger or that they may suffer physical injury at the hands of other detainees will immediately report the fact personally to any U.S. Military officer of this internment facility without consulting the internee committee. From that time on, the internment facility command will assure adequate protection to such Civilian Internees by segregation, transfer or other means. Civilian Internees who mistreat fellow internees will be punished.

Signed (Commanding Officer)



IMPLEMENTATION

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(1) If general laws, regulations or orders declare acts committed by 1 the CI to be punishable, whereas the same acts are not 2 punishable when committed by persons who are not interned, 3 these acts will only entail disciplinary punishment. 4

5 (2) When possible disciplinary punishment, rather than judicial 6

punishment, will be used. 7 8

(3) The courts or authorities in passing sentence or awarding 9 disciplinary punishment will consider the fact that the defendant 10 is not a national of the United States. They will be free to reduce 11 the penalty prescribed for the offense with which the CI is 12 charged and will not be obliged to apply the prescribed minimum 13 sentence but may impose a lesser one. 14

15 (4) Punishment will not be inhumane, degrading, brutal or 16

dangerous to the health of the CI. The age, sex and state of 17 health of the CI will be considered. 18

19 (5) Imprisonment in premises without daylight is prohibited. 20

21 (6) The length of time a CI is confined while awaiting a disciplinary 22

hearing or a trial will be deducted from any disciplinary or judicial 23 punishment involving confinement to which he may be 24 sentenced and will be taken into account in finding any penalty. 25

26 (7) No CI may be punished more than once for the same offense. 27

28 (8) The CI who has served disciplinary punishment on judicial 29

sentences will not be treated differently from other CI. 30 31

b. Confinement benefits. The CI undergoing confinement, whether 32 before or after trial and whether in connection with disciplinary or 33 judicial proceedings, will— 34

35 (1) Be allowed to exercise and stay in the open air at least two hours 36

daily. 37 38

(2) Be allowed to attend daily sick call, receive medical attention as 39 needed and if necessary be transferred to a hospital. 40

41 (3) Be given enough food to maintain them in good health. 42

43 (4) Be permitted to confer with visiting representatives of the PP or 44

the ICRC. 45 46

(5) Be permitted to receive spiritual assistance. 47 48

(6) If a juvenile under age 18, be treated with proper regard to their 49 age. 50

51 (7) Be provided with hygienic living conditions. 52

53 (8) Be provided adequate bedding supplies and facilities necessary 54

for personal cleanliness. 55



IMPLEMENTATION

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1 (9) If a female, be confined in separate quarters from male CI and 2

be under the immediate supervision of women as soon as 3 operationally feasible. 4

5 5-23. Disciplinary proceedings and punishments 6

7 a. Authority to order disciplinary punishment. Without prejudice to the 8

competence of courts and higher authorities, disciplinary punishment 9 may be ordered only by the DFC. 10

11 b. Rights of accused prior to imposition of disciplinary punishment. Prior 12

to imposition of disciplinary punishment, the CI will be— 13 14

(1) Provided precise information regarding the offense of which they 15 are accused. 16

(2) Given an opportunity to defend the allegation. 17 (3) Permitted to call witnesses and to have, if necessary, the service 18

of a qualified interpreter. 19 20

c. Authorized disciplinary punishment. The following disciplinary 21 punishments are authorized: 22

23 (1) Discontinuance of privileges granted over and above the 24

treatment provided for by this regulation. 25 (2) Confinement. 26 (3) A fine not to exceed one-half of the wages that the CI may 27

receive during a period of not more than 30 days. 28 (4) Extra fatigue duties, not exceeding two hours daily, in connection 29

with maintaining the internment facility. 30 31

d. Duration of disciplinary punishment. 32 33

(1) The duration of any single disciplinary punishment will not 34 exceed 30 consecutive days. The maximum of 30 days will not 35 be exceeded even if the CI is answerable for several breaches of 36 discipline, whether related or not, at the time when punishment is 37 imposed. 38

39 (2) The period elapsing between the pronouncing of the disciplinary 40

punishment and the completion of its execution will not exceed 41 30 days. 42

43 (3) After imposition of disciplinary punishment on the CI, further 44

discipline will not be imposed on the same CI until at least three 45 days have elapsed between the execution of any two of the 46 punishments if the duration on one of the two punishments is ten 47 days or more. 48

49 e. Escape and connected offenses. 50

51 (1) The CI who are recaptured after having escaped or when 52

attempting to escape will be liable to disciplinary action with 53 respect to the present infraction only, even if it is a repeated 54 offense. Discipline measures may be escalated for subsequent 55



IMPLEMENTATION

92

offenses within the constraints under this regulation for detainee 1 discipline. 2

3 (2) The CI punished as a result of escape or attempt to escape may 4

be subjected to special surveillance that does not affect the state 5 of their health, when the punishment is exercised in a CI 6 internment facility and if it does not violate any of the provisions 7 of this regulation. 8

9 (3) CI who aid and abet an escape or an attempt to escape, if no 10

injury is done to a person, will be subject to disciplinary 11 punishment only. 12

13 (4) Escape or attempt to escape, even if it is a repeated offense, will 14

not be deemed an aggravating circumstance in cases where the 15 CI is prosecuted for offenses committed incidental to or during 16 his escape or attempt to escape. 17

18 (5) The CI is liable to prosecution for an escape or attempted 19

escape that results in a death or serious bodily injury to another 20 person. 21

22 f. Confinement pending hearing. 23

24 (1) The CI accused of an offense for which disciplinary punishment 25

is contemplated will not be confined pending a disciplinary 26 hearing unless it is essential to the interest of internment facility 27 order and discipline. Its duration will, in any case, be deducted 28 from any sentence of confinement. 29

30 (2) Any period spent by the CI in confinement awaiting a hearing will 31

be reduced to an absolute minimum. For offenses entailing 32 disciplinary punishment only, it will not exceed 14 days. 33

34 g. Confinement facilities. CI confined as disciplinary punishment will 35

undergo their punishment in a CI internment facility stockade; CI’s 36 will not be transferred to a prison or penitentiary to undergo 37 disciplinary punishment. 38

39 h. Confinement benefits. In addition to the benefits provided by 40

paragraph 5-23b of this regulation, the CI placed in confinement in 41 connection with disciplinary proceedings will be allowed to send and 42 receive letters, cards and telegrams or other types of written 43 electronic communication in accordance with the provisions of this 44 chapter. Parcels and remittances of money, however, may be 45 withheld from the CI until the completion of the punishment. Parcels 46 will be released to the safekeeping of the internee committee. If 47 perishable goods are contained in the parcels, the Internee 48 Committee will give them to the infirmary or hospital. 49

50 5-24. Judicial proceedings 51

52 a. General principles. 53

54



IMPLEMENTATION

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(1) The penal laws of the occupied territory will remain in force, with 1 the exception that they may be repealed or suspended by the 2 United States in cases where they constitute a threat to its 3 security or an obstacle to the application of the GC. 4

5 (2) The United States may subject the population of the occupied 6

territory to provisions that are essential to enable it to fulfill its 7 obligation under the GC, to maintain orderly government of the 8 territory and to ensure the security of the Armed Forces of the 9 U.S. 10

11 (3) The penal provisions enacted by the United States will not come 12

into force before they have been published and brought to the 13 knowledge of the inhabitants in their own language. The effect 14 of penal provisions will not be retroactive. 15

16 (4) The CI may be tried by general court-martial or a duly 17

established military commission, within the occupied territory for 18 offenses allegedly committed while detained in a facility or on 19 land outside the United States and its territories that has been 20 leased or otherwise reserved or acquired for the use of the 21 United States which is under the control of the US military. The 22 CI will not be tried before summary or special court-martial. 23

24 (5) No CI will be tried or sentenced for an act that was not forbidden 25

by U.S. law or by international law in force at the time the act 26 was committed. 27

28 (6) No protected person may be punished for an offense he has not 29

personally committed. Collective punishment is prohibited. 30 31

(7) No moral or physical coercion will be exerted to induce the CI to 32 admit guilt for any act. 33

34 (8) No CI will be convicted without having had the chance to present 35

a defense with the assistance of a qualified advocate or counsel. 36 37

b. Notification of judicial procedures. 38 39

(1) The accused will be promptly notified, in writing in a language 40 they understand, of the charges against them and will be tried as 41 rapidly as possible. 42

43 (2) A notice (in duplicate) of proceedings against the CI will be 44

submitted through channels to the CCDR, HQDA NDRC, ATTN: 45 DAPM-MPD-ND, Washington, DC 20310-2800 for transmittal to 46 the Protecting Power, in cases of charges involving the death 47 penalty or imprisonment for 2 years or more. Upon request, the 48 PP will be furnished with information regarding the status of such 49 proceedings. Furthermore, the PP will be entitled, on request, to 50 be furnished with all particulars of any other proceedings 51 instituted against the CI. 52

53 (3) The above notice will be sent without delay. The trial will not 54

commence until three weeks after the PP has been notified. 55



IMPLEMENTATION

94

1 (4) The notice will include the following: 2

3 (a) Surname and first names; internment serial number; date of 4

birth; and profession, trade or prior civil capacity of the CI. 5 (b) Place of internment. 6 (c) Specification of the charges with penal provisions under 7

which they are brought. 8 (d) Designation of the court that will hear the case. 9 (e) Place and date of the first hearing. 10

11 (5) The internee committee will be informed of all judicial 12

proceedings against the CI whom it represents and of the results 13 of the proceedings. 14

15 (6) The records of trials will be kept by the convening authority and 16

will be open to inspection by the representatives of the 17 Protecting Power. 18

19 c. Rights and means of defense. 20

21 (1) In each trial by court-martial or military commission, the accused 22

will be entitled to assistance by a qualified advocate or counsel 23 of his own choice, the calling of witnesses and if necessary, the 24 services of a competent interpreter. The CI will be advised of 25 these rights by the commander concerned in due time before the 26 trial. 27

28 (2) When the accused does not exercise the right to choose an 29

advocate or counsel, notice to that effect will be sent through 30 OPMG, NDRC, Washington, DC 20310-2800, to the Protecting 31 Power. The Protecting Power may provide a counsel. 32

33 (3) When the Protecting Power is not functioning and the accused is 34

faced with a serious charge, the convening authority will provide, 35 subject to consent of the accused, an advocate or counsel. 36

37 (4) Unless the CI freely waives such assistance, an accused will be 38

provided with the assistance of an interpreter both during 39 preliminary investigation and during the hearing in court. The CI 40 will have the right to object to the interpreter provided and to ask 41 for a replacement. 42

43 (5) The defense counsel will be given at least two weeks before the 44

opening of the trial and will be granted the necessary facilities to 45 prepare the defense of the accused. The defense counsel will 46 be permitted to visit the accused freely and to interview the 47 accused in private. The defense counsel will also be permitted 48 to confer with any witnesses for the defense including other CI. 49 These privileges will continue until the term of appeal or petition 50 has expired. 51

52 (6) Copies of the charge sheet will be given to the accused and the 53

defense counsel in a language that they understand at least two 54 weeks before the trial begins. 55



IMPLEMENTATION

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1 (7) The interpreter appointed for and sworn by the court, will provide 2

the official translation of all trial proceedings. The interpreter 3 must not be a trial counsel, defense counsel, assistant to either 4 or witness; nor should he have any bias or interest in the case. 5 The interpreter will translate testimony given in the language of 6 the accused into English for the benefit of the court. 7

8 d. Participation of Protecting Power in criminal proceedings. 9

Representatives of the PP will be permitted to attend the trial of any 10 CI unless the hearing has to be held in a closed session as an 11 exceptional measure in the interest of the security of the United 12 States. If a trial is to be held in a closed session, a notice as to the 13 reasons, the date and place of the closed trial will be sent to the 14 CCDR and to HQDA, OPMG, NDRC, Washington, DC 20310-2800. 15 They will be notified at least three weeks before the opening of the 16 trial to permit timely notification to the Protecting Power. 17

18 e. Notification of judgment and sentence. 19

20 (1) In all cases requiring notification to the PP, two copies of the 21

findings and if applicable, the sentence will be forwarded 22 immediately to the CCDR and to OPMG, NDRC Washington, DC 23 20310-2800, in the form of a summary communication for 24 transmittal to the PP. When NDRC transmits this information to 25 the PP, it will include a brief statement of the appellate rights of 26 the accused. Notification as to the decision of the CI to use or 27 waive his right to appeal will also be forwarded (in duplicate) to 28 the CCDR and to HQDA, OPMG, NDRC, Washington, DC 29 20310-2800, for transmittal to the PP. If the sentence adjudged 30 is death, the information set forth in g below, together with one 31 copy of the court-martial record of trial will be forwarded to 32 OPMG, NDRC, Washington, DC 20310-2800, for transmittal to 33 the PP. 34

35 (2) After final approval of a sentence involving the death penalty or 36

imprisonment for two years or more, the following information will 37 be forwarded (in duplicate) to OPMG, NDRC, Washington, DC 38 20310-2800, for transmittal to the PP: 39

40 (a) A precise wording of the approved finding and sentence. 41 (b) A summarized report of the evidence. 42 (c) If applicable, the name of the place where confinement will 43

be served. 44 45

f. Appeals in criminal proceedings. 46 47

(1) The convicted CI sentenced to confinement or to punishment 48 other than death will have the right of appeal provided for by the 49 laws applied by the court. In all instances, the CI condemned to 50 death will be permitted to petition for pardon or reprieve. The CI 51 will be fully informed of the right to appeal or petition and of the 52 time within which it must be done. 53

54



IMPLEMENTATION

96

(2) When the laws applied by the court make no provision for 1 appeals, the convicted CI will have the right to petition against 2 the finding and sentence to the appellate authority established by 3 the CCDR (theater GCMCA). 4

5 (3) Any period allowed for appeal in the case of sentences involving 6

the death penalty or imprisonment of two years or more will not 7 begin to run until notification of the judgment has been received 8 by the PP. 9

10 (4) Courts of Appeal, if at all possible, will sit in the occupied 11

territory. 12 13

g. Death penalty. 14 15

(1) The CI will be informed as soon as possible of all offenses that 16 are punishable by the death sentence under applicable laws. 17 Lists of these offenses will be posted in all internment facilities. 18 Duplicate lists will be given to the internee committee. 19

20 (2) The death sentence may not be pronounced against a CI who 21

was under 18 years of age at the time of the offense. 22 23

(3) If the death sentence is pronounced, it will not be executed for at 24 least six months from the date when the PP received the detailed 25 communication furnished by the United States in regard to trial 26 (e. above) except as provided in (4) below. 27

28 (4) The six-month waiting period after imposition of the death 29

sentence ((3) above) may be reduced in an individual case in 30 circumstances of grave emergency involving an organized threat 31 to the security of the United States. However, the PP must 32 always be notified by HQDA (OPMG) as to the exception to the 33 six-month waiting period. 34

35 h. Civil proceedings. In every case where the CI is a party to any civil 36

litigation, the DFC will if the CI so requests inform the court of his 37 detention. The DFC will, within legal limits, take all necessary steps 38 to prevent the CI from being in any way prejudiced by reason of his 39 internment regarding the preparation and conduct of the case or 40 execution of any judgment of the court. 41

42 i. Confinement pending trial. A pretrial investigation of an offense 43

alleged to have been committed by the CI will be conducted rapidly 44 so that the trial will take place as soon as possible. The CI will not 45 be confined while awaiting trial unless a civilian national of the 46 occupied territory would be so confined if accused of a similar 47 offense. The CI may be confined if it is essential to do so in the 48 interest of internment facility or national security. 49 50

j. Confinement facilities. CI confined as judicial punishment will serve 51 their sentences in an internment facility, assigned by the CDO, in the 52 occupied territory as long as U.S. authorities can guarantee their 53 protection. 54

55



IMPLEMENTATION

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k. Confinement benefits In addition to the benefits at paragraph 5-22b, 1 CI’s placed in confinement in connection with judicial proceedings 2 will be permitted to receive one relief parcel each month. 3

4 5-25. Civilian Internee Employment 5

6 a. CCDR may issue implementing instructions governing the 7

employment and compensation of the CI consistent with these 8 regulations. Copies of such instructions will be forwarded promptly 9 to OPMG. 10 11

b. The CI will be employed, so far as possible, in work necessary for 12 the construction, administration, management and maintenance of 13 the CI internment facilities. 14

15 c. The CI compensation procedures will be accomplished in 16

accordance with DFAS-IN Regulation 37-1. 17 18

5-26. Ability to perform labor 19 20

a. The CI will be required to perform any work consistent with their age 21 and physical condition and in accordance with this regulation. 22

23 b. The CI under 18 years of age will not be compelled to work. 24

25 5-27. Authorized work 26

27 a. Compulsory. The CI may be compelled to perform only the following 28

type of work: 29 30

(1) Administrative, maintenance and domestic work in an internment 31 facility. 32

33 (2) Duties connected with the protection of the CI against aerial 34

bombardment or other war risks. 35 36

(3) Medical duties, if they are professionally and technically 37 qualified. 38

39 b. Voluntary. Subject to the provisions of paragraph 3-20 and to other 40

restrictions as may be imposed by the CCDR, CI may volunteer for, 41 but may not be compelled to perform, work of any type without 42 regard to the military character, purpose or classification of the work. 43 They will be free to terminate such work at any time subject to having 44 labored for six weeks and having given an eight-day notice. 45

46 5-28. Unauthorized work 47

48 The criteria for unauthorized work for CI is the same as those for EPW/RP. 49 See paragraphs 3-19, 3-21 and 3-22, above. 50 51

5-29. Working conditions 52 53



IMPLEMENTATION

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The working conditions for the CI, to include wages, hours of labor, previous 1 training and compensation, protective clothing, equipment and safety devices, 2 wages, hours of labor, previous training and compensation will be at least as 3 favorable as those prescribed for the civilian population of the occupied 4 territory by the national laws and regulations and as provided for in existing 5 practice. In no case will the working conditions for the CI be inferior to those 6 for the civilian population employed in work of the same nature and in the 7 same district. 8 9

5-30. Paid work 10 11 The following are types of work for which the CI will be compensated: 12 13

a. Services, including domestic tasks, in connection with administering 14 and maintaining CI internment facilities, branch internment facilities 15 and hospitals when the CI performs these services permanently. 16

17 b. Spiritual and medical duties performed by the CI on behalf of their 18

fellow CI. 19 20

c. Services as members and as assistants to the members of the 21 internee committee. These persons will be paid from the internment 22 facility Civilian Internee Account. If there is no such account, they 23 will be paid the prescribed rate from U.S. Army appropriated funds. 24

25 d. All types of work that the CI does not have to do but does voluntarily. 26

27 5-31. Unpaid work 28

29 The criteria for unpaid work for CI are the same as for EPW/RP. See 30 paragraph 3-37, above. 31 32

5-32. Compensation for paid work 33 34 The daily compensation that the CI will receive for paid work will be 35 announced by the OPMG, ATTN: DAPM-MPD at an appropriate time 36 subsequent to an outbreak of hostilities. 37 38

a. A daily pay rate will be established for position based work such as; 39 RP, internee committee member, committee member’s assistant. 40 41

b. A hour pay rate will be established for general labor. 42 43

c. Piece work or task system pay rates may be established if applicable; 44 submit request with justification to OPMG, ATTN: DAPM-MPD. 45 46

d. Detainees may only be paid under one pay rate each day. Example: a 47 committee member’s assistant who receives pay at the daily rate is 48 ineligible to be paid for general labor or piece work on the same day. 49 50

e. The CI compensation procedures will be in accordance with DFAS-IN 51 Regulation 37-1. 52

53



IMPLEMENTATION

99

5-33. Disability compensation 1 2

Procedures for CI disability compensation will be the same as those found in 3 paragraph 3-38. 4

5 5-34. Transfers 6

7 a. Authority to transfer. CCDR may direct the transfer of the CI, subject to 8 the following conditions: 9 10

(1) The CI may not be transferred beyond the borders of the 11 occupied country in which interned except when for material 12 reasons it is impossible to avoid such displacement. The CI thus 13 evacuated will be transferred back to the area from which they were 14 evacuated as soon as hostilities in that area have ceased. Third 15 country nationals may be transferred, after appropriate 16 coordination, through the CCDR, with their country of origin. 17 18 (2) Sick, wounded, pregnant or infirmed CI will not be transferred if 19 the journey would be seriously detrimental to the CI’s health. 20 21 (3) If the combat zone draws close to an internment facility, CI may 22 not be transferred unless they can be moved under adequate 23 conditions of safety. However, CI may be moved if they would be 24 exposed to greater risks by remaining than by being transferred. 25

26 b. Notification of transfer. 27 28

(1) The CI to be transferred will be officially advised of their 29 departure and their new postal address in time for them to pack 30 their luggage and notify their next-of-kin. The Internee Committee 31 members to be transferred will be notified in time to acquaint their 32 successors with their duties and related current affairs. 33 34 (2) The TDRC and NDRC will be notified immediately of any CI 35 transferred. 36

37 c. Treatment during transfer. 38 39

(1) Generally, the CI will be transferred under conditions equal to 40 those used for the transfer of personnel of the U.S. military in the 41 occupied territory. If, as an exceptional measure, the CI must be 42 transferred on foot, only those who are in a fit state of health may 43 be so transferred. The CI will not be exposed to excessive fatigue 44 during transfer by foot. 45 46 (2) The sick, wounded, pregnant or infirmed CI will be evacuated 47 through U.S. military medical channels and will remain in medical 48 channels until they are certified "fit for normal internment" by 49 competent medical authorities. 50 51 (3) Potable water and food sufficient in quantity, quality and variety 52 to maintain them in good health will be provided to the CI during 53 transfer. 54



IMPLEMENTATION

100

1 (4) Necessary clothing, adequate shelter and medical attention will 2 be made available. 3 4 (5) Suitable precautions will be taken to prevent CI from escaping 5 and to ensure their safety. 6

7 d. Transfer of personal effects and property. 8 9

(1) The CI will be permitted to take with them their personal effects 10 and property. The weight of their baggage may be limited if the 11 conditions of transfer so require, but in no case will it be limited to 12 less than 55 pounds per CI. The personal property that the CI are 13 unable to carry will be forwarded separately. 14 15 (2) The mail and parcels addressed to CI who have been 16 transferred will be forwarded to them. 17 18 (3) Property, such as that used for religious services or items 19 donated by welfare agencies will be forwarded as community 20 property. These items are not to be considered a part of the 55 21 pounds of personal effects and property that each CI is authorized 22 to take. 23

24 5-35. Releases 25

26 a. General. 27

28 (1) Control and accountability of CI will be maintained until the CI is 29 receipted for by a representative of his country of residence or a 30 designated PP. 31 32 (2) After hostilities cease and subject to the provisions of (3) below, 33 CI will be released as soon as the reasons for their internment are 34 determined by the CCDR to no longer exist. 35 36 (3) The CI who are eligible for release but have judicial 37 proceedings pending for offenses not exclusively subject to 38 disciplinary punishment will be detained until the close of the 39 proceedings. At the discretion of the CDO, the CI may be detained 40 until completion of their sentence. The CI previously sentenced to41 confinement as judicial punishment may be similarly detained. 42 Lists of the CI held under this guidance will be forwarded to the 43 TDRC and NDRC for transmittal to the PP. 44

45 b. Return of impounded personal effects. Upon release, the CI will be 46 given all articles, moneys or other valuables impounded during internment 47 and will receive in currency the balance of any credit to their accounts. If 48 the CDO directs that any impounded currency or articles be withheld, the CI 49 will be given a receipt. 50 51 c. Cost of transport. The United States will pay the cost of returning the 52 released CI to the places where they were living when interned. 53 54

http://docs.usapa.belvoir.army.mil/jw2/xmldemo/r190_8/main.asp#s26-16a(3)



IMPLEMENTATION

101

d. Medical fitness. The CI will not be admitted into the general population 1 until their medical fitness is determined. 2

3



IMPLEMENTATION

102

Chapter 6 - Unprivileged Enemy Belligerent 1 2 6-1. Definition 3 4 See paragraph 1-3, Explanation of abbreviations and terms. The term unprivileged 5 enemy belligerent refers to persons that are not entitled to combatant immunity who 6 engage in acts against the United States or its coalition partners in violation of the 7 laws and customs of war during an armed conflict. The term unprivileged enemy 8 belligerent is defined to include, but is not limited to an individual 9 10 a. is or was part of Taliban, al Qaeda or other terrorist organization , 11 12 b. has engaged in hostilities against the United States or its coalition 13 partners, or 14 15 who c. has purposefully and materially supported hostilities against the 16 United States or its coalition partners. 17 18 6-2. Applicability of General Detainee Treatment Policy 19 20 When Unprivileged Enemy Belligerent are under DOD custody and control, the 21 minimum standards for treatment outlined in General Detainee Treatment Policy in 22 paragraph 2-2 of this regulation are applicable. 23 24 6-3. Administrative provisions 25 26 The following administrative provisions apply to Unprivileged Enemy Belligerent: 27

28 a. Unprivileged Enemy Belligerent are not protected persons as defined 29

by the Geneva Conventions; therefore, they are not entitled to EPW, 30 RP or CI status. The DFC should look to the procedures outlined in the 31 GC, as described in Chapter 5 of this regulation for guidance; deviation 32 from these standards should be justified by tactical, operational or 33 strategic security concerns or the need to protect the Unprivileged 34 Enemy Belligerent, other detainees or U.S. forces. 35 36

b. Common Article 3 of the Geneva Conventions of 1949 applies to 37 Unprivileged Enemy Belligerent. 38

39 c. Military prosecutions of alien Unprivileged Enemy Belligerent may be 40

conducted in accordance with the Military Commissions Act of 2009. 41 42

6-4. Authorization to detain Unprivileged Enemy Belligerent 43 44 Detention of Unprivileged Enemy Belligerent in DOD detention facilities is 45 authorized. In the case of the detention of Unprivileged Enemy Belligerent, the 46 following must apply: 47

48 A commander delegated the authority to sign a detention order or a 49 competent authority has considered the circumstances leading to capture 50 and determines the captured persons engaged in or purposefully and 51 materially supported hostilities against the United States or its coalition 52 partners during an armed conflict. 53



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6-5. Evacuation to a detention facility 1 2 An Unprivileged Enemy Belligerent may be evacuated to a detention facility only 3 upon receipt of a detention order authenticated by a responsible commissioned 4 officer of the Armed Forces of the United States specifically delegated such 5 authority by the CDO. 6

7 6-6. Detention orders 8 9 Unprivileged Enemy Belligerent will be provided a copy of their detention order in a 10 language they understand. Unprivileged Enemy Belligerent detention orders will 11 contain, at a minimum, the following information: 12

13 a. The Unprivileged Enemy Belligerent’s personal data to include full 14 name, home address, if known and ISN or Capture Tag number. 15 16 b. A statement of the reason for detention. 17 18 c. Authentication to include the signature of the authenticating officer over 19 his typed name, grade, service number and organization. The redaction of 20 the authenticating officer’s name and service number may be authorized for 21 security reasons. 22 23 d. Notice of the periodic review policy as appropriate. 24

25 6-7. Custodial security 26 27

The degree of security and control exercised over Unprivileged Enemy 28 Belligerent will be determined by tactical, operational and strategic concerns. 29

30 6-8. Custodial segregation 31 32

Unprivileged Enemy Belligerent may be administratively segregated as 33 necessary. Unprivileged Enemy Belligerent shall not be detained in a facility 34 housing any other category of detainee without prior approval from first 35 general/flag officer in the DFC’s chain of command. Segregation must be 36 employed effectively in order to protect vulnerable detainee groups or 37 individuals from exploitation by others. Unprivileged Enemy Belligerent may 38 also be segregated to prevent them from harming others or themselves. They 39 may also be segregated to prevent Unprivileged Enemy Belligerents from 40 organizing disturbances or attacks or continued participation in hostile activities 41 within the detention facility. Sentenced prisoners [paragraph. 5-5b, above] will 42 be segregated from other Unprivileged Enemy Belligerents unless authorized 43 by the first general officer in the chain of command. Separation used solely for 44 intelligence purposes is not permitted, except as authorized by FM 2-22.3 45 subject to specific approval requirements and limitations on its use [see FM 2-46 22.3].‖ 47

48 6-9. Periodic review of status determinations of Unprivileged 49

Enemy Belligerent 50 51

Unprivileged Enemy Belligerent shall have the basis for their detention reviewed 52 periodically by a competent authority. Such review should occur at least 53 annually; or, when new factual information, that was not previously provided to 54



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the competent authority and is material to the detainee’s status, becomes 1 available. The periodic review should be conducted in accordance with the 2 procedures found in paragraph 2-5(f) of this regulation. 3

4 6-10. Unprivileged Enemy Belligerent Administration 5

6 a. Unprivileged Enemy Belligerents will be administered and housed 7 separately from other detainee categories and in accordance with their 8 security requirements unless prior approval is obtained from the first 9 general/flag officer in the DFC’s chain of command. 10 11 b. Complete segregation of female and male Unprivileged Enemy 12 Belligerents will be maintained. 13 14 c. It is DOD policy to assign all detainees, including Unprivileged Enemy 15 Belligerents, ISNs as soon as possible after coming under DOD control, 16 normally within 14 days of capture. 17 18 d. No person, including Unprivileged Enemy Belligerents, in DOD custody 19 or control, regardless of nationality or physical location, shall be subject to 20 cruel, inhuman or degrading treatment or punishment. 21 22 e. No person, including Unprivileged Enemy Belligerents, in DOD custody 23 or control or under detention in a DOD facility shall be subject to any 24 treatment or interrogation approach that is not authorized by and listed in 25 FM 2-22.3. 26 27 28

Chapter 7 – Dislocated civilian and refugee 29 30 7-1. Definition 31 32

a. Dislocated Civilian (DC): A DC is a civilian who has left his or her home 33 for various reasons. A DC is a generic term that is further subdivided into 34 the following categories: 35

36 (1) Displaced Person (DP). A DP is a person who has been 37 dislocated because of war, natural disaster, or political/economic 38 turmoil. 39

40 (2) Evacuee. An evacuee is a civilian who is removed from his 41 place of residence by military direction because of personal security 42 or other requirements of the military situation. 43

44 (3) Stateless Person. A stateless person is a civilian who has been 45 denationalized, whose country of origin cannot be determined, or 46 who cannot establish his right to nationality claimed. 47

48 (4) War Victim. A war victim is a civilian who suffered an injury, a 49 loss of a family member, or damage to or destruction of his home 50 because of war. 51

52 (5) Migrant. A migrant is a worker who moves from one region to 53 another by chance, instinct, or plan. 54



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1 2 3

(6) Internally Displaced Person (IDP). An IDP may have been 4 forced to flee his home for the same reasons as a refugee (defined 5 below), but he or she has not crossed an internationally recognized 6 border. 7

8 (7) Expellee. An expellee is a civilian who is outside the 9 boundaries of his country of nationality or ethnic origin and is being 10 forcibly repatriated to that country or a third country for political or 11 other purposes. 12

13 b. Refugee: Article 1 of the 1951 United Nations Refugee Convention 14 defines a refugee as ―[a] person who is outside his or her country of 15 nationality or habitual residence; has a well-founded fear of persecution 16 because of his or her race, religion, or nationality, membership of a 17 particular social group or political opinion; and is unable or unwilling to avail 18 himself or herself of the protection of that country, or to return there, for fear 19 of persecution.‖ 20 21

7-2. Policy and Practice 22 23 a. Policy. In the course of military operations, individuals from one or more 24

of the above-listed categories may come under the control of U.S. military 25 forces. Under such circumstances, U.S. forces will, at an absolute 26 minimum, adhere to the requirements of DoDD 2310.01E,The Department 27 of Defense Detainee Program, which provides that ―[all persons...[under] 28 the control of DoD personnel…will be given humane treatment and care 29 from the moment they fall into the hands of DoD personnel until release, 30 transfer out of DoD control, or repatriation.‖ In accordance with DoDD 31 2310.01E, humane treatment and care include, but are not limited to: 32 adequate food, drinking water, shelter, clothing, and medical treatment. 33 When conditions permit more than the minimum standards outlined by 34 DoDD 2310.01E, U.S. forces will provide these individuals with the relevant 35 protections contained in The Geneva Convention Relative to the Protection 36 of Civilian Persons in Time of War (GC IV). 37

38 b. Practice. Unit commanders and Soldiers will not make official 39 determinations regarding a person’s status as a dislocated civilian or a 40 refugee. As discussed above, all persons under U.S. military control will be 41 protected and treated humanely regardless of status. Questions regarding 42 an individual’s legal status should be directed to the unit’s servicing Judge 43 Advocate. 44 45 c. Political asylum and temporary refuge. U.S. Military personnel may, on 46 occasion, receive requests for political asylum or temporary refuge. While 47 DoD personnel are not authorized to officially grant political asylum they 48 may provide temporary refuge while the individual’s request is processed 49 through proper channels. Army personnel who receive requests for political 50 asylum or temporary refuge will follow the rules and procedures set forth by 51 Army Regulation 550-1, Processing Requests for Political Asylum and 52 Temporary Refuge. Key provisions of this regulation include the following: 53 54



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(1) The United States will give foreign nationals full opportunity to 1 have their requests for political asylum considered on their merits. 2 3 (2) Persons seeking political asylum will not be surrendered to a 4 foreign jurisdiction except as directed by the Secretary of the Army. 5 6 (3) The United States will not grant political asylum at its 7 installations or facilities located within the territorial jurisdiction of a 8 foreign country or while in foreign territorial waters. This applies 9 whether the person requesting asylum is a national of the host 10 country or a third country. Requests for asylum received from third 11 country nationals (nationals of other than the host country) normally 12 are matters within the rights and responsibilities of the host country. 13 These cases will be coordinated with the host country through the 14 appropriate American Embassy or consulate, in accordance with 15 procedures established by the Chief of the U.S. Diplomatic Mission. 16 17 (4) Temporary refuge. The United States, in appropriate cases, will 18 grant temporary refuge in a foreign country or on the high seas to 19 nationals of any country. 20

21



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Appendix A 1

References 2 3 Section I 4 Required Publications 5 6 DFAS-IN Regulation 37-1 (Cited in para 3-9j.) 7 Finance and Accounting Policy Implementation. 8 9 AR 40–3 10 Medical, Dental and Veterinary Care. (Cited in para 1-4i.) 11 12 AR 190–45 13 Serious Incident Reporting. (Cited in para 2-10) 14 15 AR 195-5 16 Evidence Procedures 17 18 AR 381-100 19 The Army Human Intelligence (HUMINT) Program 20 21 22 AR 385-10 23 Army Safety Program, (Cited in para 3-26) 24 25 AR 600–25 26 Salutes, Honors and Visits of Courtesy. (Cited in para 3-12). 27 28 AR 600–55 29 The Army Driver and Operator Standardization Program (Selection, 30 Training, Testing and Licensing). (Cited in para 3-39) 31 32 AR 638–2 33 Care and Disposition of Remains and Disposition of Personal Effects. (Cited in 34 para 5-25f). 35 36 FM 5-19 37 Composite Risk Management (Cited in para 3-26) 38 39 FM 2-22.3 40 Human Intelligence Collector Operations (Cited in para 2-3g) 41 42 FM 22–5 43 Drill and Ceremonies. (Cited in para 3-12) 44 45 FM 3-39.40 46 Internment and Resettlement Operations 47 48 FMI 4-02.46 49 Medical Support to Detainee Operations (Cited in para 2-4) 50 51 DODI 2310.08E 52 Medical Program Support for Detainee Operations (Cited in Appendix D) 53 54



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DODD 2310.01E 1 DOD Detainee Program. (Cited in para 1-1b.) 2 3 DODD 2311.01E 4 DOD Law of War Program. (Cited in para 1-1b) 5 6 DODD 3115.09 7 DOD Intelligence Interrogations, Detainee Debriefings and Tactical 8 Questioning (Cited in para 2-1 and Appendix C) 9 10 JP 3-63 11 Detainee Operations 12 13 14 Geneva Conventions of 1949 15 Include: the Geneva Convention Relative to the Amelioration of the Condition 16 of the Wounded and Sick in Armed Forces in the Field (1949) (GWS); The 17 Geneva Convention for the Amelioration of the Condition of Wounded, Sick 18 and Shipwrecked Members of Armed Forces at Sea (1949) (GWS (Sea)); the 19 Geneva Convention Relative to the Treatment of Prisoners of War (1949) 20 (GPW); the Geneva Convention Relative to the Protection of Civilian Persons 21 in Time of War (1949) (GC). (Cited throughout). 22 23 24 25 Section II 26 Related Publications 27 A related publication is merely a source of additional information. 28 The user does not have to read it to understand this regulation. 29 30 AR 40–66 31 Medical Record Administration. 32 33 AR 40–400 34 Patient Administration. 35 36 AR 55–355 37 Defense Traffic Management Regulation. (NAVSUPINST 4600.70, 38 AFR 75-2, MCO P4600.14B, DLAR 4500.3 39 40 AR 190–14 41 Carrying of Firearms and Use of Force for Law Enforcement and 42 Security Duties. 43 44 AR 190–47 45 The Army Corrections System 46 47 AR 350-1 48 Army Training and Leader Development 49 50 AR 355–15 51 Management Information Control System. 52 53 AR 380–5 54 Department of the Army Information Security Program. 55



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1 AR 985 series 2 Army Safety Program. 3 4 DA PAM 27–1 5 Treaties Governing Land Warfare. 6 7 FM 33–1 8 Psychological Operations 9 10 AF Handbook (AFH) 31–302 11 Air Base Defense and Contingency Operations Guidance and 12 Procedures. 13 14 SECNAVINST 3461.3 15 Program for Prisoners of War and Other Detainees. 16 17

Hague Convention No IV of 1907 Respecting the Law and Customs of War on Land 18 19 Detainee Treatment Act, Section 2000dd of Title 42 20 21 USC War Crimes Act, Section 2441 of Title 18 22 23 USC Military Extraterritorial Jurisdiction Act, Sections 3261-3267 of Title 18 24 25 USC MCM 2008 CJCSI 5810.01D Implementation of the DOD Law of War Program 26 27 CJCSI 3290.01C 28 Program for Enemy Prisoners of War 29 30 AFI 51-401 31 Training and Reporting to Ensure Compliance with the Law of Armed Conflict 32 33 MCO 3300.4 34 Marine Corps Law of War Program 35 36 SECNAVINST 3300.1A 37 Department of the Navy Law of War Program 38 39 SEVNAVINST 3461.3 40 Program for Prisoners of War and Other Detainees 41 42 FM 19-40 43 Handling Prisoners of War 44 45 FM 27-10 46 The Law of Land Warfare 47 48 DA PAM 27-9-1 49 Military Judge's Benchbook for Trial of Enemy Prisoners of War 50 51 DA Pam 27-9-2 52 Military Judge's Benchbook for Provost Courts 53 54 55



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1 2 3

AFPD 51-4 4 Compliance with the Law of Armed Conflict 5 6 TC 27-10-2 7 Prisoners of War 8

9 Section III 10 Prescribed Forms 11 12 DD Form 551 13 Record of Internment (Prescribed in para 5-25f). 14 15 SF 600 16 Medical Record – Chronological Record of Medical Care (Prescribed by para 17 3-9c). 18 19 DD 2708 20 Receipt for Inmate or Detained Person (Prescribed by para 2-3l). 21 22 DD 2808 23 Report of Medical Examination (Prescribed by para 3-9c). 24 25 DA Form 2662–R 26 EPW Identity Card. (Prescribed in para 3-4b) 27 28 DA Form 2663–R 29 Fingerprint Card. (Prescribed in para 5-14i) 30 31 DA Form 2664–R 32 Weight Register. (Prescribed in para 3-9c) 33 34 DA Form 2666–R 35 Prisoner of War - Notification of Address. (Prescribed in para 3- 36 11e) 37 38 DA Form 2667–R 39 Prisoner of War Mail - Letter. (Prescribed in para 3-12e) 40 41 DA Form 2668–R 42 Prisoner of War Mail - Post Card. (Prescribed in para 3-12e) 43 44 DA Form 2675-R 45 Certificate of Work-Incurred Injury or Disability. (Prescribed in para 5-18f) 46 47 DA Form 2679-R 48 Civilian Internee Letter. (Prescribed in para 5-19a) 49 50 DA Form 2680-R 51 Civilian Internee Post Card. (Prescribed in para 5-19a) 52 53 DA Form 4137 54 Evidence/Property Custody Document (Prescribed in para 2.-3i) 55



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Appendix B 1

Internment Serial Number 2 3 4 The internment serial number (ISN) is a unique identification number provided by 5 the NDRC/TDRC and assigned to each EPW, RP and CI detained by the U.S. 6 Armed Forces. TDRC/NDRC accountability for persons detained by the U.S. is 7 established when the ISN is assigned. Each person may only be assigned one ISN. 8 The ISN will consist of three components, with the first two 9 separated by a dash as follows: 10 11 a. First Component. The first component will contain five characters. The first 12

two will be the alpha-character diagraph ’US’. The third character will be 13 either the alpha or numeric designation for the command/theater under which 14 the EPW, RP and CI came into the custody of the U.S. The fourth and fifth 15 positions are alpha-characters designating the EPW, RP and CI serving 16 power. 17

18 b. Second Component. The second component is a six character numeric 19

identifier. These numbers will be assigned consecutively to all EPW, RP and 20 CI processed through ISN assigning organizations. The TDRC will assign 21 blocks of numbers to ISN assigning organization/elements in the supported 22 theater. 23

24 c. Third Component. The third component will consist of an acronym 25

identifying the classification of the individual: EPW, RP or CI, to represent 26 Enemy Prisoner of War, Retained Person or Civilian Internee, respectively. 27 Should an individual that was initially classified as an EPW later be determined 28 to be a medically or religiously qualified Retained Person, the classification 29 may be changed to ―RP‖ with the approval of the EPW command/brigade. 30

31 d. Example. The first EPW processed by an ISN assigning organization in a 32

theater designated as ―9‖and whose country was designated as ―AB‖ will be 33 assigned the following ISN: US9AB- 00000l-EPW. The tenth such EPW 34 processed by the same command will be assigned the ISN of: US9AB-0000l0-35 EPW. If the eleventh individual processed by the same command was an RP 36 and the fifteenth a CI, their ISNs would be: US9AB-0000ll-RP and US9AB-37 0000l5-CI, respectively. 38

39 e. EPW transferred to the United States without having been assigned an ISN 40

and those captured within the United States will be processed and assigned 41 an ISN as above, by NDRC. 42

43



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Appendix C 1

Detainee Operations Training and Certification Criteria 2 3

C-1. Purpose and Applicability. 4 5 This appendix establishes the baseline training and certification requirements for all 6 non-medical DOD personnel subject to this regulation, including all employees of 7 DOD components, members of the Armed Forces and DOD contractors assigned to 8 or supporting DOD components engaged in conducting, participating in or 9 supporting detainee operations. The purpose of the training and certification criteria 10 is to ensure that all DOD personnel are appropriately qualified and familiar with 11 detainee operations policy, doctrine and tactics, techniques and procedures. 12 13 The training and certification criteria for DOD medical personnel are contained in 14 Appendix D. 15 16 The basic training and certification criteria of DOD interrogators are addressed in 17 DOD Directive 3115.09, DOD Intelligence Interrogations, Detainee Debriefings and 18 Tactical Questioning and Field Manual 2-22.3, Human Intelligence Collector 19 Operations. 20 21 The predeployment training provisions of this appendix do not apply to personnel 22 that have completed Military Occupational Specialty (MOS) 31E 23 (Internment/Resettlement Specialist) training course at USAMPS or other equivalent 24 courses as certified by the Commandant, United States Army Military Police School 25 (USAMPS). 26 27 C-2. Authority. 28 29 Per DOD Directive 2310.01E, The DOD Detainee Program, the Secretary of the 30 Army is the Executive Agent for administration of DOD detainee operations policy 31 and is responsible for the establishment of detainee operations training and 32 certification standards, in coordination with the Secretaries of the Military 33 Departments and the Joint Staff. 34 35 C-3. Training Requirements. 36 37

a. Annual. All US military personnel, Federal employees and civilian 38 contractors engaged in handling individuals detained by the 39 Department of Defense, including employees from other 40 government agencies working at DOD facilities, shall complete 41 annual training on the law of war, including the obligations of the 42 United States under domestic and international law. The training 43 will be consistent with established Department directives, policies 44 and regulations. 45

46 b. Predeployment. 47

48 (1) Deployment training for detainee operations missions is 49

conducted for all personnel other than internment specialists 50 (including contractors) under orders for deployment to 51 exclusively or primarily perform a detainee operations mission. 52 At a minimum, such deployment training should include 53 instruction in the tasks listed below. 54



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1 (2) For guard force personnel the training should include: 2 3

(a) Communicate with Detainees (IPC Skills) 4 (b) Geneva Convention (Humane Treatment of Detainees) 5 (c) Main Gate/Sally Port Procedures 6 (d) In-Process and Release a Detainee 7 (e) Conduct Contraband Control Procedures 8 (f) Perform Security and Control Activities 9 (g) Accountability Procedures 10 (h) Visitation Procedures 11 (i) React Using Unarmed Self-Defense Techniques 12 (j) Restraint Procedures 13 (k) Escort Procedures 14 (l) Tower Guard Duties 15 (m) Cell Block & Compound Operations 16 (n) Meal Procedures 17 (o) Special Housing Unit (SHU) Procedures 18 (p) Non Lethal Weapons Capabilities 19 (q) OC Use within Detainee Operations 20 (r) Use a Riot Baton and Shield 21 (s) Use of Force / Priorities of Force 22 (t) Emergency Actions Plans 23 (u) Participate in Riot Control Formations 24 (v) Effective Report Writing 25 (w) Conduct Transfer Operations 26 (x) All personnel will also participate in an appropriate 27

Mission Rehearsal Exercise (MRX) as a condition of 28 certification. 29

(y) Law of War 30 31 (3) For all personnel other than guard force personnel 32 assigned to an internment facility, the training should include: 33 34

(a) Communicate with Detainees (IPC Skills) 35 (b) Geneva Convention (Humane Treatment of Detainees) 36 (c) Conduct Contraband Control Procedures 37 (d) Perform Security and Control Activities 38 (e) Accountability Procedures 39 (f) React Using Unarmed Self-Defense Techniques 40 (g) Restraint Procedures 41 (h) Escort Procedures 42 (i) Nonlethal Weapons Capabilities 43 (j) Use of Force / Priorities of Force 44 (k) Emergency Actions Plans 45 (l) Effective Report Writing 46 (m) All personnel will also participate in an appropriate 47

Mission Rehearsal Exercise (MRX) as a condition of 48 certification. 49

(n) Law of War 50 51 (4) The proponent and exception authority for the content for 52 predeployment detainee operations training is the Commandant, USAMPS. 53 Additional theater-specific detainee operations tasks may be identified by 54



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CCDRs to the Commandant, USAMPS for inclusion in predeployment 1 detainee operations training. 2

3 c. In-theater sustainment training. In-theater certification and 4 sustainment training will be conducted at the discretion of the CCDR in accordance 5 with COCOM policies and directives. 6 7 C-4. Certification. Each individual who is required to attend detainee operations 8 training will have their satisfactory completion of the training individually recorded by 9 the certification authority listed below. 10 11

a. Annual – Units/individuals will be certified as meeting training 12 requirements in accordance with appropriate military department or DOD 13 organizational procedures. Records of such certifications will maintained and 14 provided to the proponent of this regulation upon request 15

16 b. Predeployment – Units/individuals will be certified as meeting 17 training requirements in accordance with appropriate military department or DOD 18 organizational procedures. Records of such certifications will be maintained and 19 provided to the proponent of this regulation upon request. 20 21 c. Sustainment – The Detention Facility Commander will be the 22 certification authority who will record the satisfactory completion of training for 23 personnel assigned to a detention facility; the unit commander will be the 24 certification authority who will record the satisfactory completion of training for other 25 personnel. Records of such certifications will be maintained and provided to the 26 proponent of this regulation upon request. 27 28 C-5. Combat Waivers. 29 30 In active war zones, the first General/Flag Officer or civilian equivalent in the chain 31 of command may waive the training requirements in paragraph C-3, with the 32 exception of the annual law of war training requirements. This waiver will be 33 granted in writing, on a temporary by name basis to satisfy an urgent operational 34 need. 35 36 37



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Appendix D 1

Detainee Operations Training and Certification Criteria for 2

Medical Personnel 3 4

D-1. Purpose and Applicability. 5 6 This appendix establishes the baseline training and certification requirements for all 7 DOD medical personnel subject to this regulation, including all employees of DOD 8 components, members of the Armed Forces and DOD contractors assigned to or 9 supporting DOD components engaged in conducting, participating in or supporting 10 detainee operations. The purpose of the training and certification criteria is to 11 ensure that all DOD personnel are qualified and familiar with detainee medical 12 operations policy, doctrine and procedures. 13 14 D-2. Authority. 15 16 Per DODD 2310.01E, the Secretary of the Army is the Executive Agent for 17 administration of DOD detainee operations policy and is responsible for the 18 establishment of detainee operations training and certification standards. Per DODI 19 2310.08E, the Secretary of the Army, as Executive Agent for administration of DOD 20 detainee operations policy, is responsible for the establishment of detainee medical 21 operations training and certification standards. Per ASD(HA) Policy 05-019, The 22 Surgeon General of the Army is responsible for developing and maintaining 23 detainee health care operations and ethics training for all military medical 24 personnel. 25 26 D-3. Training System. 27 28 a. Medical Soldiers and leaders require training on detainee medical 29 operations throughout their military careers, commensurate with their duties and 30 responsibilities. Detainee medical operations training will be conducted at the 31 following levels. 32 33

(1) Level A training (initial training) is conducted during initial entry 34 training for all enlisted personnel and during basic courses of 35 instruction for all warrant officers and commissioned officers. 36

(2) Level B training (refresher training) is incorporated into all 37 AMEDD officer and enlisted career development courses. 38

(3) Level C training (deployment training) is conducted for all 39 medical personnel other than those in units providing direct 40 medical support to internment facilities (including contractors) 41 under orders for deployment or when directed by appropriate 42 authority. This training will be taken by all required personnel 43 who have not had the training within a year prior to the date of 44 deployment. 45

(4) Level D training (collective training for units providing direct 46 medical support to internment facilities) is conducted for units 47 whose primary responsibility is medical support to internment 48 facilities. 49

(5) Familiarity with the management of suicidal detainees. 50 51

b. The proponent and exception authority for the content for all 52 medical support to detainee operations training is the Commandant, United States 53 Army Medical Department Center & School (AMEDDC&S). 54



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1 D-4. Training Standards. 2 3

a. Basic Medical Ethics and Detainee Health Care Operations Course. 4 The purpose of this course is to equip all personnel who may provide health care to 5 detainees to be familiar with DoD policy regarding detainee operations and have the 6 skills and knowledge to implement that policy. It is also the intent of this course that 7 all medical personnel who may observe or examine detainees and detainee 8 operations be able to recognize possible abuse of detainees and take appropriate 9 steps to report it, even if they are not themselves rendering care to the detainees. 10 The basic course consists of a combination of twenty-two web-based lessons and 11 exams: 12 13

(1) Cultural training – When providing medical care to the detainee 14 population, the learner will use his knowledge of the cultural 15 factors that influence the behaviors and attitudes of individuals 16 in a specific cultural society 17

(2) Geneva Conventions – When providing medical care to a 18 detainee, the learner will follow the rules of the Geneva 19 Conventions even when detainees commit acts against the 20 rules of the Geneva Conventions 21

(3) Law of War – The learner will comply with the Law of War and 22 will disobey and report any known or suspected unlawful order 23 through the appropriate channels. 24

(4) Medical Ethics – When providing medical care to the detainee 25 population, the learner will provide the same level of care to all 26 detainees. This level of care should comply with the standards 27 set by medical ethics and the requirements of applicable U.S. 28 and international law. 29

(5) Medical Care of Detainees – Given a detention facility, the 30 learner will provide detainees with medical care that meets 31 established standards. When providing medical care to a 32 detainee, the learner will comply with the standards set by 33 general medical principles, medical obligations, tenets of 34 detention health care and all other rules and regulations of 35 detainee health care. 36

(6) Repatriation – The learner will be able to identify who can be 37 medically repatriated and recognize if the procedures for 38 medical repatriation are followed correctly 39

(7) Medical Records –Ensure medical records of detainees are 40 identified by ISN, adequately documented and maintained from 41 the time a detainee is initially detained to his transfer, death or 42 release/repatriation. Following a detainee’s transfer, death or 43 release/repatriation; properly retire the record, distinguishing 44 between inpatient and outpatient care. 45 (a) Retire the medical record of detainees that received only 46

outpatient care directly to the TDRC; except in the case of 47 death. 48

(b) Retire the medical record of detainees that received 49 inpatient and all deaths to PASBA for professional review. 50 Following professional review records are to be returned to 51 the AOR TDRC. 52

(8) Screening – When conducting medical examinations of the 53 detainee population, the learner will conduct medical 54 examinations that meet established standards. If the learner is 55



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requested to conduct or witnesses an examination of detainee 1 that is not for valid medical purposes or does not meet 2 established standards, the learner will report this through the 3 appropriate channels 4

(9) Signs of Abuse – Given the stressful conditions of a detention 5 facility, the learner will follow the policies set for the prevention 6 of detainee abuse and properly report any suspected or known 7 abuse/torture against a detainee to appropriate authorities or 8 MCIO. 9

(10) Organizational relationships – When involved in detainee 10 operations, the learner will recognize the responsibilities of the 11 military police, military intelligence, the International Committee 12 of the Red Cross and other Non Governmental Organizations. 13

(11) Preventive Medicine – Given preventive medicine 14 requirements for detention facilities, the learner will recognize 15 and report all potential medical health risks to the appropriate 16 preventive medicine personnel. 17

(12) Planning considerations – When deploying to a detention 18 facility, the learner will consider various planning variables. 19

20 b. Advance Medical Ethics and Detainee Health Care Operations 21

Course. The purpose of this course is to provide training that ensures all personnel 22 who will be providing medical treatment to detainees, and who will soon deploy to a 23 detainee facility, be familiar with DoD policy regarding detainee operations, and 24 have the skills and knowledge to implement that DoD policy. The basic course is a 25 prerequisite for the advanced course. The advance course consists of a 26 combination of fourteen web-based lessons and exams: 27 28

(1) Detainee Medical Status – The learner will review the 29 classifications of retained personnel and detainees, as well the 30 duties, rights and obligations of detainees 31

(2) Law of Land Warfare and the Geneva Conventions – The 32 learner will review the basic principles of the Law of War and 33 the Geneva Conventions. When providing medical care to 34 detainees, the learner will comply with the principles of the Law 35 of War and the Geneva Conventions. 36

(3) Ethical Considerations for the Medical Treatment of Detainees 37 – The learner will review the ethical conditions for the medical 38 treatment of detainees. When deployed within a stressful 39 detention facility environment, the learner will provide the same 40 role of care to all detainees. This level of Care should comply 41 with the standards set by medical ethics and the requirements 42 of international law. 43

(4) Medical Personnel Roles and Functions – The learner will 44 review the roles and relationships of personnel involved in 45 detainee operations. 46

(5) General Considerations with Detainee Health care Operations 47 – The learner will review basic cultural considerations of the 48 society and security considerations of the detainee population. 49 As a Medical provider, the learner will use his knowledge of 50 the culture to improve the quality of health care provided to a 51 detainee. As a medical provider assigned to an internment 52 facility, the learner will observe appropriate security 53 precautions when in the presence of a detainee and ensure 54 military police are always present. 55



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(6) Care at the Internment Facility – The learner will review 1 information pertaining to the medical screening of detainees. 2 As a health care provider assigned to an internment facility, the 3 learner will conduct regular medical screenings of detainees 4 following established regulations and policies and report any 5 signs of abuse against detainees through the Chain of 6 Command. 7

(7) Functional Specialties and Detainee Operations – The learner 8 will be familiar with the responsibilities that functional 9 specialties have in providing detainees medical care. 10

(8) Medical Code of Conduct in Detainee Operations – As a health 11 care provider assigned to detention facility, the learner will 12 ensure that his actions, both on and off duty, do not undermine 13 his ability to function affectively among detainees or 14 compromise established health care, safety, security and 15 custody of guidelines. 16

(9) Medical management of Hunger Strikes – As a health care 17 provider assigned to a detention facility, the learner will be able 18 to recognize detainees who go on hunger strikes as well as the 19 symptoms hunger strikes will exhibit overtime and provide 20 appropriate medical treatment to the hunger strikes. 21

(10) Ethical and Legal Issues regarding Hunger Strikes - As a 22 health care provider assigned to a detention facility, the learner 23 will become familiar with the medical and legal issues 24 regarding hunger strikes. As a health care provider assigned 25 to a detention facility, the learner will comply with DOD 26 standards when determining how to treat a detainee on a 27 hunger strike. 28

29 c. Collective Training consists of unit collective training in a field 30 environment. Medical units assigned to direct medical support of detainee 31 operations are trained at training facilities that replicate as completely as possible 32 the actual site to which the unit will be deployed. Every effort is made to 33 synchronize the medical unit training with the training of Military Police units that will 34 be assigned detainee guard duty at the same location. At a minimum, the following 35 topics are covered through a combination of didactic presentations and practical 36 exercises. Training content is updated continuously based on the evolving mission 37 and lessons learned. Ethical considerations are interwoven throughout the 38 curriculum. 39 40 (1) Cultural Training * 41 (2) Geneva Conventions (Humane Treatment of Detainees) * 42 (3) Law of War * 43 (4) OPSEC/SAEDA * 44 (5) Rules for Use of Force 45 (6) Overview of Correctional/Detention Medicine 46 (7) Overview of Interrogation Operations * 47

• Description of Mission and Methods 48 • Appropriate Interrogator Requests For Information (Medical) 49

(8) Detainee Medical Challenges 50 (9) Medication Distribution 51 (10) Emergency Response Team (ERT) 52 (11) Introduction to Guard Operations - Detect Symptoms of 53 Unusual or Deviant Behavior of Detainees 54 (12) Detainee Interaction Skills and Scenarios 55



IMPLEMENTATION

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• Observe Detainees in Close Confinement 1 • Interact with Detainees 2 • Interpersonal Communications Skills 3 • Medication Distribution 4 • IV/Blood Draw 5 • Respond to Code 6

(13) Administrative Issues 7 • Introduction to DoD Detainee Database of Record 8 • Prepare Observation and Disciplinary Reports 9 • Prepare DA 2823 (Sworn Statements) 10 • Maintain Detainee Medical Records * 11

(14) Nutrition and the Detainee Population 12 • Hunger Strike SOP 13 • Feeding Block Operations 14

(15) Mass Casualty Incident 15 (16) Behavioral Health Screening 16 17 * Topic may be trained at home station. 18 19 20 Note: Those MEDCOM (DS) personnel working as Behavioral Science Consultants 21 to intelligence collection and detention operations do not routinely provide health 22 care, either to U.S. personnel or detainees. Training requirements for members of 23 Behavioral Science Consultation Teams (psychologists, psychiatrists and 24 behavioral health technicians) are specified in OTSG/MEDCOM Policy Memo 06-25 029, "Behavioral Science Consultation Policy." 26 27

28



IMPLEMENTATION

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Glossary 1 2 Section I 3 4 Abbreviations 5 6 ADP 7 automated data processing 8 9 APO 10 Army Post Office 11 12 CCDR 13 Combatant Commander 14 15 CDO 16 Commander, Detainee Operations 17 18 Cdr 19 Commander 20 21 CI 22 Civilian Internee(s) 23 24 COCOM 25 Combatant Command 26 27 COD 28 Cash on Delivery 29 30 CONUS 31 Continental United States 32 33 CTA 34 Central Tracing Agency 35 36 DA 37 Department of the Army 38 39 DAR 40 Defense Acquisition Regulation 41 42 DC 43 Dislocated Civilian 44 45 DCS, G-1 46 Deputy Chief of Staff, Personnel 47 48 DCS, G-2 49 Deputy Chief of Staff, Intelligence 50 51 DCS, G-3/5/7 52 Deputy Chief of Staff, Operations and Plans 53 54 DCS, G-4 55



IMPLEMENTATION

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Deputy Chief of Staff, Logistics 1 2 DFC 3 Detention Facility Commander 4 5 DFAS 6 Defense Finance and Accounting Service 7 8 9 DOD 10 Department of Defense 11 12 DRMO 13 Defense Reutilization and Marketing Office 14 15 DRS 16 Detainee Reporting System 17 18 DSB 19 Detainee Services Branch 20 21 EPW 22 enemy prisoner of war 23 24 FAO 25 finance and accounting officer 26 27 FBI 28 Federal Bureau of Investigation 29 30 FORSCOM 31 Forces Command 32 33 GC 34 Geneva Convention Relative to the Protection of Civilian Persons in Time of War 35 (1949) 36 37 GCMCA 38 General Court-Martial Convening Authority 39 40 GPW 41 Geneva Convention Relative to the Treatment of Prisoners of War 42 43 GWS 44 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick 45 in Armed Forces in the Field (1949) 46 47 GWS (SEA) 48 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and 49 Shipwrecked Members of Armed Forces at Sea (1949) 50 51 HQDA 52 Headquarters, Department of the Army 53 54 HSC 55



IMPLEMENTATION

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U.S. Army Health Services Command 1 2 ICRC 3 International Committee of the Red Cross 4 5 ISN 6 internment serial number 7 JOA 8 Joint Operating Area 9 10 JCS 11 Joint Chiefs of Staff 12 13 NCO 14 noncommissioned officer 15 16 OD 17 Other Detainee 18 19 OPMG 20 Office of the Provost Marshal General 21 22 OSD 23 Office of the Secretary of Defense 24 25 MMC 26 Mixed Medical Commission 27 28 NDRC 29 National Detainee Reporting Center 30 31 PP 32 Protecting Power 33 34 PSYOP 35 psychological operations 36 37 RP 38 retained personnel 39 40 ROE 41 rules of engagement 42 43 ROK 44 Republic of Korea 45 46 SJA 47 staff judge advocate 48 49 TDRC 50 Theater Detainee Reporting System 51 52 TJAG 53 The Judge Advocate General 54 55



IMPLEMENTATION

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TRADOC 1 U.S. Army Training and Doctrine Command 2 3 TSG 4 The Surgeon General 5 6 TST 7 tuberculin skin test 8 9 UCMJ 10 Uniform Code of Military Justice 11 12 UNSCR 13 United Nations Security Council Resolution 14 15 USAMPS 16 United States Army Military Police School 17 18 19 USFK 20 U.S. Armed Forces, Korea 21 22 23 Section II 24 Terms 25 26 Canteen 27

A facility set up for the sale of authorized services and items of merchandise. 28 29 Central Tracing Agency 30

Centralizes tracing requests concerning all persons reported missing during 31 the conflict. Requests are either forwarded by centralized information bureaus 32 or submitted by families via their respective National Red Cross or Red 33 Crescent Societies. The Central Tracing Agency (CTA) then passes them on 34 for processing to the appropriate authorities and forwards replies to the 35 requesters. 36 37

Civilian internee(s) 38 A civilian who is interned during armed conflict or occupation for security 39 reasons, for protection or because he has committed an offense against the 40 Detaining Power. 41

42 Civilian internee account 43

These accounts are established per DFAS Regulation 37-1. They document 44 pay and allowances, canteen receipts, transfers, and balances. These 45 records are maintained under control of the disbursing officer. Deposit Fund 46 Account 21X6501.0001. 47 48

Contract employer 49 Any person, corporation, association, State or municipal government agency 50 or other employer (except DOD) that contracts for work to be done. 51

52 Dependent child internee 53

A child who on request of the interned parents, for compassionate reasons, is 54 accommodated in a CI internment facility with the interned parents. 55



IMPLEMENTATION

124

1 Detainee services Branch 2 Section assigned by the DFC to process detained person at a detention facility 3

into DRS. Responsible for accountability and records of all detained persons 4 under DFC’s control. Granted DIRLAUTH to the TDRC; or, the NDRC if TDRC 5 is not available for detainee administrative and accountability matters. 6

7 Domestic service 8

Such normal household duties as preparing and serving food and the care and 9 repair of clothing. 10 11

Enemy prisoner of war account 12 These accounts are established per DFAS Regulation 37-1. They document 13 pay and allowances, canteen receipts, transfers, and balances. These 14 records are maintained under control of the disbursing officer. Deposit Fund 15 Account 21X6501.0001. 16

17 Military nature 18

Term that applies to those items or those types of construction that are used 19 exclusively by members of the Armed Forces for operational purposes (for 20 example, arms or helmets). Operational purposes are in contrast to items or 21 structures that may be used either by civilian or military personnel (for 22 example, food, soap, buildings, public roads or railroads). 23

24 Military purpose 25

Activities intended primarily or exclusively for military operations as contrasted 26 with activities intended primarily or exclusively for other purposes. 27

28 Personal effects 29

Personal effects the EPW may retain include the following: 30 Clothing, 31 Mess equipment (knives and forks excluded), 32 Badges of rank and nationality, 33 Decorations, 34 Identification cards or tags, 35 Religious literature, 36 Articles that are of a personal use or have a sentimental value to the person 37 and 38 Protective masks. 39

40 Protected person 41

Persons protected by the Geneva Convention who find themselves, in case of 42 a conflict or occupation, in the hands of a party to the conflict or occupying 43 power of which they are not nationals. 44 45

Section III 46 Special Abbreviations and Terms 47 This section contains no entries. 48

49

ar 190-8 detainee operations (draft v2.0)

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