Pentagon Releases New Detainee Operations Report

No doubt the Abu Ghraib scandal and the current CIA use of water torture has contributed to the insistent tone of this study. Pentagon Releases New Detainee Operations ReportBy Cliff Montgomery – Mar. 6th, 2008A February 6th Pentagon report, Detainee Operations, makes a point to inform troops of the necessity of treating all prisoners humanely and of following the Geneva Conventions. No doubt such matters as the discovered acts of torture at Abu Ghraib in Iraq and the current CIA use of water torture–euphemistically called “waterboarding” by the corporate press–has contributed to the insistent tone of this study.Readers should take special note of some of the very last quotes provided below from the Defense review. The report makes a point of noting that all who come in contact with Pentagon detainees–including “DoD contractors, and all non-DOD personnel”–must follow the law “as a condition of permitting access to internment facilities or to detainees under DOD control.”In a July 2004 piece for The Washington Spectator, this reporter noted that at the time, “several members of the administration say that it is unclear who, if anyone, might prosecute contractors or their employees for Abu Ghraib abuse, since the Geneva Conventions and even American laws appear to cover only government interrogators.””In May [2004], Defense Secretary Donald Rumsfeld wrote a member of Congress that ‘disciplining contractor personnel is the contractor’s responsibility,’ ” this reporter added.The Pentagon now seems to be working harder to ensure it is no longer directly implicated in acts of detainee torture. Although it appears that DoD personnel may well release detainees to the care of others–contractors, CIA members, foreign governments, etc.–who may take detainees God knows where, and presumably where the strict DoD procedures no longer apply.We quote from the report below:”US forces must be prepared to properly control, maintain, protect, and account for all categories of detainees in accordance with applicable domestic law, international law, and policy. The challenges of today’s security environment and the nature of the enemy require clear operational and strategic guidance for detainee operations in a joint environment. […]”Often referred to as the law of armed conflict, the law of war encompasses all international law for the conduct of hostilities binding on the United States or its individual citizens, including treaties and international agreements to which the United States is a party. The four Geneva Conventions of 1949 are fully applicable as a matter of international law to all military operations that qualify as international armed conflicts. These treaties are intended to provide comprehensive humanitarian standards for the treatment of war victims.”There are three categories of detainees:Enemy combatants are personnel engaged in hostilities against the United States or its coalition partners during an armed conflict.Retained personnel are enemy medical personnel and medical staff administrators who are engaged in either the search for, collection, transport, or treatment of the wounded or sick, or the prevention of disease…Civilian internees are civilians who are interned during an armed conflict, occupation, or other military operation for security reasons, for protection, or because he or she has committed an offense against the detaining power. […]”Joint Force Commanders (JFCs) shall ensure that detainee facility security personnel are prepared for the effective use of force when necessary to protect themselves, other members of the force, or detainees.”When US forces conduct detainee operations governed by the Geneva Conventions, they must possess the text of the applicable conventions and be specially instructed as to their provisions.”Pursuant to this obligation, JFCs are responsible to ensure the effective routine review of detention operations and related training to enhance compliance with applicable law and policy. […]”Department of Defense Directive (DODD) 2310.01E, The Department of Defense Detainee Program, establishes overarching Department of Defense (DOD) detainee policy. The directive requires humane treatment of all detainees during all armed conflicts, however characterized, and in all other military operations.”This standard of treatment applies to all DOD components, DOD contractors, and all non-DOD personnel as a condition of permitting access to internment facilities or to detainees under DOD control.”Because the treatment standard applies from the point of capture throughout detention, it is imperative that DOD personnel and contract employees receive training on detainee operations.”Inhumane treatment of detainees is prohibited by the Uniform Code of Military Justice, domestic and international law, and DOD policy. There is no exception to this humane treatment mandate. Accordingly, the stress of combat operations, the need for intelligence, or provocations by captured and/or detained personnel does not justify deviation from this obligation.”Like what you’re reading so far? 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