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2 Army Regulation 190–8
3 OPNAVINST 3461.6
4 AFJI 31-304
5 MCO 3461.1

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8 Military Police
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11 Detainee
12 Operations
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40 Headquarters
41 Departments of the Army, the Navy, the
42 Air Force and the Marine Corps
43 Washington, DC
44 Date
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48 UNCLASSIFIED
1 63 applies during all armed conflicts, 124 proponent. Refer to AR 25-30
2 History. This printing publishes a 64 however such conflicts are 125 for specific guidance.
3 revision of this publication. 65 characterized and in all other 126 Army management control
4 Because the publication has been 66 military operations. As a matter of 127 process. The regulation
5 revised extensively, the changed 67 U.S. policy, all persons subject to 128 contains management control
6 portions have not been highlighted. 68 this directive will comply with the 129 provisions in accordance with
7 Summary. This regulation 69 Geneva Conventions of 1949, as 130 AR 11-2, but it does not identify
8 establishes policies, procedures and 70 construed and applied by U.S. law 131 key management controls that
9 planning guidance for detainee 71 and violations of the regulation are 132 must be evaluated.
10 operations, implementing 72 punishable under the Uniform Code133 Supplementation.
11 Department of Defense Directives 73 of Military Justice (UCMJ). 134 Supplementation of this
12 2310.01E and 2311.01E and other 74 Violations of the regulation and 135 regulation and establishment of
13 applicable policies of the 75 policy that constitute a grave breach136 command or local forms are
14 Department of Defense. This 76 of the Geneva Conventions are 137 prohibited without prior
15 regulation incorporates in one 77 specific crimes and punishable 138 approval from the Office of the
16 regulation Army Regulation 190-8, 78 under the applicable article in the 139 Provost Marshal General,
17 SECNAV Instruction 3300.1.C and 79 UCMJ. Violations of the treatment 140 HQDA (DAPM-OPS-OB),
18 Air Force Joint Instruction 31-304. 80 standards in the regulation and 141 Washington, DC 20310-2800.
19 Applicability. This regulation is 81 policy that are not grave breaches, 142 Suggested Improvements.
20 promulgated and published by the 82 but rise to the level of cruelty and 143 Users are invited to send
21 Secretary of the Army pursuant to 83 maltreatment are punishable under 144 comments and suggested
22 his designation as the Executive 84 Article 93, Cruelty and 145 improvements to the Office of
23 Agent of the Department of Defense 85 maltreatment. Violations of the 146 the Provost Marshal General,
24 for the administration of detainee 86 treatment standards in the regulation147 HQDA (DAPM-OPS-OB),
25 operations policy. This regulation 87 and policy that do not rise to the 148 Washington, DC 20310-2800.
26 applies to all DOD components, 88 level of cruelty and maltreatment 149 Distribution. Army: This
27 including the Office of the Secretary 89 under the UCMJ, are punishable 150 publication is available in
28 of Defense, the Military 90 under Article 92(3), Dereliction in 151 electronic media only and is
29 Departments, the Chairman of the 91 the performance of duties. 152 intended for command levels A,
30 Joint Chiefs of Staff, the Combatant 92 Violations of this paragraph 2-4(b), 153 B, C, D and E for Active Army,
31 Commands, the Office of the 93 (c) and (d) are punitive and 154 Army National Guard and U.S.
32 Inspector General of the Department 94 punishable as a violation of a lawful155 Army Reserve.
33 of Defense, the Defense Agencies 95 general regulation under Article 156 Navy: Electronic only via Navy
34 and the DOD Field Activities. This 96 92(1), Failure to obey a general 157 Directives Web site:
35 regulation applies to all members of 97 regulation, UCMJ. 158 http://neds.daps.dia.mil.
36 the active Armed Forces and to all 98 Proponent and exception159 Air Force: F
37 members of the Reserve 99 authority. The proponent of this160 Marine Corps: PCN
38 components when lawfully ordered 100 regulation is the Office of the161 10203324000
39 to active duty under the provisions 101 Provost Marshal General, U.S.
40 of Title 10 United States Code. 102 Army. The proponent may approve
41 Reserve components not in Title 10 103 exceptions to this regulation that are
42 status will train to the standards set 104 consistent with controlling law and
43 forth in this regulation and 105 regulation. The proponent may
44 formulate Standard Operating 106 delegate the approval authority, in
45 Procedures and unit policies 107 writing, to a division chief within
46 consistent with this regulation so as 108 the proponent agency or to a direct
47 to facilitate compliance with this 109 reporting unit or field operating
48 regulation following mobilization or110 agency of the proponent agency in
49 call to active Federal service. This 111 the grade of colonel or the civilian
50 regulation applies to DOD 112 equivalent. Activities may request a
51 contractors assigned to or 113 waiver to this regulation by
52 supporting DOD components 114 providing to the proponent
53 engaged in, conducting, 115 justification that includes a full
54 participating in or supporting 116 analysis of the expected benefits
55 detainee operations. This regulation117 and a formal review by the
56 applies to non-DOD military or 118 requesting activity’s senior legal
57 civilian personnel as a condition of 119 officer. All waiver requests will be
58 access to DOD detainees or to a 120 endorsed by the commander or
59 DOD facility for the purpose of 121 senior leader of the requesting
60 conducting, participating in or 122 activity and forwarded through their
61 supporting of detainee operations or123 higher headquarters to the policy
62 any other activity. This regulation
FOR OFFICIAL USE ONLY

1 Contents (listed by paragraph and page 57 Limitations on EPW Punishment • 3-15, page
2 number) 58 46
3 59 Offenses and Warranted Punishments •
4 Chapter 1 60 3-16, page 46
5 Introduction, page 1 61 Retention of Geneva Convention Benefits •
6 Purpose • 1-1, page 1 62 3-17, page 47
7 References • 1-2, page 1 63 EPW Employment • 3-18, page 48
8 Explanation of abbreviations and terms • 64 Restricted EPW Employment • 3-19,
9 1-3, page 2 65 page 48
10 Responsibilities • 1-4, page 4 66 Liability to perform labor • 3-20, page 49
11 67 Authorized work • 3-21, page 49
12 Chapter 2 68 Unauthorized work • 3-22, page 50
13 General Detainee Policy, page 13 69 Humiliating work • 3-23, page 51
14 General Detainee Operations Policy • 70 Other specifically prohibited work • 3-24,
15 2-1, page 15 71 page 51
16 General Detainee Treatment Policy • 72 Questionable work • 3-25, page 51
17 2-2, page 15 73 Decisions on work conditions and
18 Initial Actions upon Capture or Detention • 74 safeguards • 3-26, page 52
19 2-3, page 17 75 Referrals to the Office of the Provost Marshal
20 Addressing Suspected Abuse or 76 General • 3-27, page 52
21 Mistreatment of Detainees • 77 Length of workday • 3-28, page 52
22 2-4, page 20 78 Rest periods • 3-29, page 52
23 Tribunals • 2-5, page 21 79 Responsibility for work supervision •
24 Hearings and Judicial Proceedings • 80 3-30, page 53
25 2-6, page 23 81 EPW work detail leaders and interpreters
26 Special Policy Pertaining to the Temporary 82 • 3-31, page 53
27 Detention of Detainees aboard U.S. 83 Task system • 3-32, page 53
28 Naval Vessels • 2-7, page 24 84 Paid work • 3-33, page 54
29 Medical Treatment of Detainees • 2-8, 85 Restriction on paid work • 3-34, page 54
30 page 24 86 Rates for paid work • 3-35, page 55
31 Death and burial • 2-9, page 27 87 Days of paid work per month • 3-36, page
32 88 55
33 Chapter 3 89 Unpaid work • 3-37, page 55
34 Detention of Enemy Prisoners of War, page 90 Sale of articles and repair services • 3-38,
35 29 91 page 56
36 92 Disability compensation • 3-39, page 56
37 General • 3-1, page 29 93 Operation of government vehicles • 3-40,
38 Definition • 3-2, page 29 94 page 57
39 Applicability of General Detainee Treatment 95 Rules and procedures • 3-41, page 57
40 Policy • 3-3, page 30 96 Personal effects • 3-42, page 57
41 General Requirements Applicable to EPWs • 97 Transfer of prisoners of war • 3-43, page 58
42 3-4, page 30 98 Repatriation of sick and wounded EPW/RP
43 Special Benefits afforded to EPWs • 99 • 3-44, page 61
44 3-5, page 30 100 Repatriation of other EPW/RP • 3-45,
45 Article 5 Tribunals • 3-6, page 31 101 page 63
46 EPW Representatives • 3-7, page 32 102 Repatriation transfer procedures • 3-46,
47 EPW Social Privileges • 3-8, page 33 103 page 63
48 Internment of EPWs • 3-9, page 33 104
49 EPW Medical Care • 3-10, page 34 105 Chapter 4
50 Complaints and requests to Internment Facility 106 Retained Personnel (RP), page 65
51 Commanders and ICRC/Protecting Power 107
52 • 3-11, 108 Policy • 4-1, page 65
53 page 36 109 Definition • 4-2, page 65
54 EPW Correspondence • 3-12, page 36 110 General Provisions • 4-3, page 66
55 Discipline and Security • 3-13, page 40 111 RP Classification Forms • 4-4, page 68
56 EPW Punitive Jurisdiction • 3-14, page 43 112 RP Correspondence • 4-5, page 68
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1 57 Chapter 6
2 Chapter 5 58 Unprivileged Enemy Belligerent, page 100
3 Civilian Internees (CI), page 69 59
4 60 Definition • 6-1, page 100
5 Definition and Application of CI Provisions • 61 Applicability of General Detainee Treatment
6 5-1, page 69 62 Policy • 6-2, page 100
7 Applicability of General Detainee Treatment 63 Administrative provisions • 6-3, page 100
8 Policy • 5-2, page 69 64 Authorization to intern • 6-4, page 100
9 Administrative provisions • 5-3, page 70 65 Order for internment • 6-5, page 101
10 Authorization to intern • 5-4, page 71 66 Unprivileged Enemy Belligerent Internment
11 Order of internment • 5-5, page 71 67 Orders • 6-6, page 101
12 CI Internment Order • 5-6, page 71 68 Custodial security • 6-7, page 101
13 Compassionate Internment • 5-7, page 72 69 Custodial segregation • 6-8, page 101
14 Custodial security • 5-8, page 72 70 Periodic review of status determination and
15 Custodial segregation • 5-9, page 72 71 appeal of security internment cases • 6-9,
16 Spies, saboteurs and security threat 72 page 101
17 individuals • 5-10, page 72 73 Unprivileged Enemy Belligerent Administration •
18 Civilian Internee Review Tribunals (CIRT’s) 74 6-10, page 102
19 • 5-11, page 73 75
20 Civilian Internee Safety Program • 5-12, page 76 Chapter 7
21 74 77 Dislocated civilian and refugee, page 106
22 Republic of Korea/United States Agreement 78
23 on processing Civilian Internees in 79 Definition • 7-1, page 106
24 Korea • 5-13, page 74 80 Policy • 7-2, page 106
25 CI Administration • 5-14, page 74 81 Foreign humanitarian assistance • 7-3,
26 Personal effects • 5-15, page 76 82 page 107
27 Internee committee • 5-16, page 77 83
28 Supplies • 5-17, page 79 84 Appendices
29 Social, intellectual and religious activities • 85
30 5-18, page 80 86 A. References, page 103
31 Procedures for communications • 5-19, 87
32 page 82 88 B. Internment Serial Number, page 106
33 Complaints and requests to internment facility 89
34 commanders and ICRC/Protecting Power 90 C. Detainee Operations Training and
35 • 5-20, page 86 91 Certification Criteria, page 107
36 Discipline and security • 5-21, page 87 92
37 Provisions common to disciplinary and judicial 93 D. Detainee Operations Training and
38 punishments • 5-22, page 88 Disciplinary 94 Certification Criteria for Medical
39 proceedings and punishments • 5-23, 95 Personnel, page 110
40 page 89 96
41 Judicial proceedings • 5-24, page 91 97 Glossary
42 Civilian Internee Employment • 5-25,
43 page 95
44 Ability to perform labor • 5-26, page 95
45 Authorized work • 5-27, page 95
46 Unauthorized work • 5-28, page 96
47 Working conditions • 5-29, page 96
48 Paid work • 5-30, page 96
49 Unpaid work • 5-31, page 96
50 Compensation for paid work • 5-32, page 96
51 Disability compensation • 5-33, page 97
52 Transfers • 5-34, page 97
53 Release • 5-35, page 98
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1
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3 Chapter 1 - Introduction
4
5 1-1. Purpose
6
7 a. In modern military operations, as in all armed conflicts and military
8 operations in which our Nation has engaged throughout its history, the
9 conduct of detention operations serves a vitally important function. The
10 deliberate and conscientious manner in which the Department of
11 Defense (DOD) conducts detention operations and our commitment to
12 the mandate of humane treatment for all detainees reflects our values
13 and character as a Nation. All members of the United States Armed
14 Forces must be prepared to conduct, participate in or support detainee
15 operations in accordance with applicable U.S. and international law,
16 regulations and DOD policies, across the spectrum of operations. The
17 conduct of detainee operations also may be affected by mission-
18 specific guidance and direction set forth in applicable Execute Orders
19 (EXORDs), Operations Orders (OPORDs) and Operations Plans
20 (OPLANs).
21
22 b. This regulation establishes policy, procedures and responsibilities for
23 DOD detainee operations. This regulation implements DOD
24 Directive(DODD) 2310.01E, The Department of Defense Detainee
25 Program (Sep. 5, 2006), DODD 2311.01E, DOD Law of War Program
26 (May 9, 2006) and other laws, regulations and policies, including
27 international law, both customary and codified, relating to detainees,
28 which includes those persons held during military operations other than
29 war. The legal provisions relevant to this regulation include, but are not
30 limited to, the following:
31
32 (1) The Geneva Convention Relative to the Amelioration of the
33 Condition of the Wounded and Sick in Armed Forces in the Field
34 (1949) (GWS);
35 (2) The Geneva Convention for the Amelioration of the Condition of
36 Wounded, Sick and Shipwrecked Members of Armed Forces at
37 Sea (1949) (GWS (Sea));
38 (3) The Geneva Convention Relative to the Treatment of Prisoners of
39 War (1949) (GPW);
40 (4) The Geneva Convention Relative to the Protection of Civilian
41 Persons in Time of War (1949) (GC).
42 (5) The Detainee Treatment Act, P.L. 109-163 (2005) (DTA).
43 (6) The Military Commissions Act, Chapter 47A, Title 10, U.S. Code
44 (2009) (MCA).
45
46 c. In the event of conflicts or discrepancies between this regulation and
47 U.S. law, U.S. law (including the provisions of the Geneva Conventions
48 of 1949, as construed and applied) takes precedence.
49
50 1-2. References
51
52 Required and related publications and prescribed and referenced forms are listed in
53 Appendix A.
54

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1 1-3. Explanation of abbreviations and terms
2
3 General abbreviations and special terms used in this regulation are
4 explained in the Glossary. Terms of particular relevance to the
5 implementation of this regulation are:
6
7 a. Detainee. Any person captured, detained, held, or otherwise under the
8 custody and control of DOD personnel (military, civilian, or contractor
9 employee). It does not include persons being held primarily for law
10 enforcement purposes (i.e. pirates), except where the United States is the
11 occupying power. Detainees include :
12
13 (1) Privileged Enemy Belligerent. In general, a privileged enemy
14 belligerent is a person entitled to combatant immunity who has engaged in
15 hostilities against the United States or its coalition partners during an armed
16 conflict. Privileged enemy belligerent, who are entitled under Article 4 of
17 the GPW to Prisoner of War status to protections under the Geneva
18 Conventions, include belligerents, include members of the regular armed
19 forces of a State party to the conflict; militia, volunteer corps, and organized
20 resistance movements belonging to a State party to the conflict, which are
21 under responsible command, wear a fixed distinctive sign recognizable at a
22 distance, carry their arms openly, and abide by the laws of war; and,
23 members of regular armed forces who profess allegiance to a government
24 or an authority not recognized by the United States .
25
26 (2) Unprivileged Enemy Belligerent. Unprivileged enemy belligerents are
27 persons who do not fall under paragraphs 1-3a(1), 1-3a(3), 1-3a(4), or 1-
28 3a(5), who do not enjoy combatant immunity, and who are detainable under
29 law of war authority. An unprivileged enemy Belligerents is an individual
30 who, whether or not a member of an armed non-state actor, is or was
31 carrying out the functions of individuals in category a(1) and is or was
32 engaged in hostilities against the United States or its coalition partners..
33
34 (3) Enemy Prisoner of War (EPW). Individuals under the custody and/or
35 control of the Department of Defense according to Articles 4 and 5, GPW.
36 EPWs are persons belonging to one of the following categories:
37
38 (a) Members of the armed forces of a party to the conflict as well
39 as members of militias or volunteer corps forming parts of those
40 armed forces.
41
42 (b) Members of other militias and members of other volunteer
43 corps, including those of organized resistance movements,
44 belonging to a party to the conflict and operating in or outside
45 their own territory, even if this territory is occupied, provided
46 that such militias or volunteer corps, including such organized
47 resistance movements, fulfill all of the following conditions:
48
49 (1) Are commanded by a person responsible for his
50 subordinates;
51 (2) Have a fixed distinctive sign recognizable at a distance;
52 (3) Carry arms openly;
53 (4) Conducting their operations according to the laws and
54 customs of war.
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1 (c) Members of regular armed forces who profess allegiance to a
2 government or an authority not recognized by the Detaining
3 Power.
4
5 (d) Persons who accompany the armed forces without actually
6 being members thereof, such as civilian members of military
7 aircraft crews, war correspondents, supply contractors,
8 members of labor units or of services responsible for the
9 welfare of the armed forces, provided that they have received
10 authorization from the armed forces which they accompany,
11 who shall provide them for that purpose with an identity card.
12
13 (e) Members of crews, including masters, pilots and apprentices, of
14 the merchant marine and the crews of civil aircraft of the parties
15 to the conflict, who do not benefit by more favorable treatment
16 under any other provisions of international law.
17
18 (f) Inhabitants of a non-occupied territory, who on the approach of
19 the enemy spontaneously take up arms to resist the invading
20 forces, without having had time to form themselves into regular
21 armed units, provided they carry arms openly and respect the
22 laws and customs of war.
23
24 (4) Retained Personnel (RP). Individuals under the custody and/or control
25 of the Department of Defense according to Article 33, GPW. Retained
26 personnel are detainees retained by the Department of Defense
27 exclusively for the purpose of aiding EPW. Retained personnel include
28 persons in the following categories:
29
30 (a) Medical personnel who are members of the medical service of
31 their armed forces.
32
33 (b) Medical personnel exclusively engaged in—
34
35 (1) The search for or collection, transport or treatment of the
36 wounded or sick.
37
38 (2) The prevention of disease.
39
40 (3) The administration of medical units and establishments.
41
42 (c) Chaplains attached to enemy forces.
43
44 (d) Staff of National Red Cross societies and other voluntary aid
45 organizations duly recognized and authorized by their
46 governments. The staffs of these organizations may be
47 employed in the same duties as mentioned above if such
48 organizations are subject to military laws and regulations.
49
50 (5) Civilian Internee (CI). Individuals Civilians under the custody and/or
51 control of the Department of Defense according to Article 4, GC.
52 Generally, all detainees who are either not engaged in hostilities
53 against the United States or its allies during an armed conflict or not
54 entitled to status as an EPW or as a Retained Person will be

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1 considered a Civilian Internee. Civilians may be interned under law of
2 war authority for security reasons, for protective purposes, or for
3 committing an offense against the Detaining Power.
4
5
6 b. Law of War. That part of international law that regulates the conduct of
7 armed hostilities and occupation. It is often called the ―law of armed
8 conflict‖ and encompasses all international law applicable to the conduct of
9 hostilities that is binding on the United States or its individual citizens,
10 including treaties and international agreements to which the United States
11 is a party (e.g., the Geneva Conventions of 1949) and applicable customary
12 international law. Members of the DOD components will comply with the
13 law of war during all conflicts, however such conflicts are characterized and
14 in all other military operations.
15
16 c. The Rule of Law is a principle of governance in which all persons,
17 institutions, and entities, public and private, including the state itself, are
18 accountable to laws that are publically promulgated, equally enforced, and
19 independently adjudicated, and which are consistent with international
20 human rights principles.
21
22 1-4. Responsibilities
23
24 a. The Secretary of the Army (SA) -- The SA is designated as the Executive
25 Agent for the administration of Department of Defense detainee operations policy.
26 The Secretary of the Army will
27
28 (1) Develop and promulgate guidance, regulations and instructions
29 necessary for the DOD-wide implementation of detainee operations
30 policy in coordination with the Under Secretary of Defense for Policy
31 USD (P).
32 (2) Communicate directly with the Heads of the DOD Components as
33 necessary to carry out assigned functions.
34 (3) Inform the Chairman of the Joint Chiefs of Staff of detainee policy
35 related communications made to the Commanders of the Combatant
36 Commands (CCDRs).
37 (4) Designate a single point of contact within the Department of the Army
38 for detainee operations policy, who shall also provide advice and
39 assistance to USD (P).
40 (5) Plan for and operates the DOD’s national-level detainee reporting
41 center and its elements (e.g., theater and lower levels) to account for
42 detainees.
43 (6) Coordinate with the USD (P) to provide reports on detainee operations
44 to the Secretary of Defense (SECDEF) and others as appropriate.
45 (7) Recommend DOD-wide detainee operations-related planning and
46 programming guidance to the USD (P), the Undersecretary of Defense
47 for Acquisition, Technology and Logistics (USD (AT&L)), the
48 Undersecretary of Defense for Intelligence (USD (I)), the
49 Undersecretary of Defense for Personnel and Readiness (USD (P&R)),
50 the Under Secretary of Defense for Comptroller, the Assistant Secretary
51 of Defense for Networks and Information Integration, the Director of
52 Program Analysis and Evaluation and the Chairman of the Joint Chiefs
53 of Staff and provides information copies of such guidance to the
54 Secretaries of the Military Departments.

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1 (8) Establish detainee operations training and certification standards,
2 training materials and reporting systems in coordination with the
3 Secretaries of the Military Departments and the Joint Staff.
4 (9) Develop programs to ensure all DOD detainee operations policy,
5 doctrine, tactics, techniques and procedures and DoD regulations or
6 other issuances are subject to periodic review and evaluation for
7 effectiveness and compliance with DOD policy.
8
9 b. The U.S. Army Provost Marshal General (PMG) -- The Office of the
10 Provost Marshal General (OPMG) exercises Headquarters, Department of
11 the Army (HQDA) responsibility for Detainee Operations. The OPMG –
12
13 (1) Develops and disseminates policy guidance for the treatment, care,
14 accountability, legal status and processing of detainees.
15 (2) Reports detainee-related suspected or alleged violations of the law of
16 war for which there is credible information
17 (3) Provides HQDA staff supervision for the National Detainee Reporting
18 Center (NDRC).
19 (4) Develops plans for the initial assignment and replacement of block
20 Internment Serial Numbers (ISNs) from the NDRC to the Theater
21 Detention Reporting Centers (TDRC) and for the assignment of the
22 theater code section of the ISN.
23 (5) Serves as the proponent and approval authority for detainee
24 accountability and management system(s) of record. Current system of
25 record is the Detainee Reporting System (v5.0).
26 (6) Provides necessary reports, coordination, technical advice and staff
27 assistance to:
28 (a) The Office of the Secretary of Defense (OSD).
29 (b) The Joint Chiefs of Staff (JCS).
30 (c) The Military Departments.
31 (d) Unified commands.
32 (e) Department of State and other Federal agencies.
33 (f) The International Committee of the Red Cross (ICRC).
34 (g) The Protecting Powers.
35
36 c. The Secretaries of the Military Departments shall ensure that all personnel
37 are properly trained and certified in detainee operations commensurate with their
38 duties, maintaining records of such training and certification and making such
39 records available to a CCDR when providing forces for use by that CCDR.
40
41 d. The Chairman of the Joint Chiefs of Staff shall:
42
43 (1) Provide appropriate oversight to CCDRs to ensure their detainee
44 operations policies and procedures are consistent with DOD policy and this
45 regulation.
46 (2) Designate a single point of contact within the Joint Staff for matters
47 pertaining to the implementation of DOD policy and this regulation.
48 (3) Ensure that operational exercises routinely test the capabilities of the
49 DOD Components to conduct, participate in and support detainee
50 operations.
51
52 e. Combatant Commanders shall:
53
54 (1) Plan, execute and oversee Combatant Command (COCOM) detainee
55 operations in accordance with this regulation and implementing issuances.

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1 (2) Develop programs and issue appropriate guidance and orders
2 implementing this regulation. All such programs and guidance shall be
3 subjected to periodic review and evaluation for compliance and efficacy.
4 (3) When detainee internment facilities, holding areas, collection points or
5 interrogation facilities are in their area of responsibility:
6
7 (a) Ensure procedures are established for the treatment of
8 detainees consistent with DOD policy and this regulation.
9 (b) Ensure detainees are provided with information, in their own
10 language, concerning the rights, duties and obligations of their
11 confinement, which may include applicable provisions of the
12 Geneva Conventions.
13 (c) Ensure periodic unannounced and announced inspections of
14 internment facilities, including temporary holding areas and
15 collection points, are conducted to provide continued oversight
16 of detainee operations.
17 (4) Appoint a Commander, Detainee Operations (CDO) as required. The
18 CDO will normally be the senior Military Police (MP) commander in
19 theater.
20 (5) Ensure all U.S. military personnel, Federal employees and civilian
21 contractors interacting, handling or interrogating individuals detained
22 by the Department of Defense, including other government agencies
23 working at DOD facilities have been properly trained and certified in
24 detainee operations commensurate with their duties prior to permitting
25 said persons to conduct such detainee operations.
26 (6) Provide summary reports to HQDA (OPMG) on a semiannual basis of
27 all announced and unannounced inspections of internment facilities,
28 including temporary holding areas and collection points.
29 (7) Promulgate policies and procedures to ensure that all allegations and
30 resulting investigations of detainee mistreatment that occur outside of
31 detention facilities are promptly reported to the CDO.
32 (8) Develop guidelines and policies for commanders engaged in the
33 conduct of detainee operations to evaluate whether detainees should
34 be evacuated or released during each step of the detention process
35 from point of capture to Theater Internment Facility (TIF).
36
37 f. Commander, Detainee Operations (CDO) The CDO shall be responsible
38 for all detainee operations and has command over all detention and
39 interrogation facilities within an operational area. Generally, the CDO will
40 be the senior MP commander in theater. If the size and scope of the
41 detainee operation warrants, the combatant commander may consider
42 designating a general or flag officer as the CDO. The CDO normally does
43 not operate an internment/resettlement facility. The CDO –
44
45 (1) Reports directly to higher headquarters on all detainee matters.
46 (2) Shall establish for medical and military intelligence assets operating
47 within internment facilities procedures for direct liaison to support
48 the routine flow of functional or technical information from higher
49 echelons and external elements to the execution level..
50 a. Generally, the liaison for military intelligence (MI)
51 assets will run to the senior MI officer in the operational area.
52 b. Generally, the liaison for medical assets will run to the
53 command surgeon.
54 (3) Exercises tactical control (TACON) over all assets conducting
55 detainee operations and detainee interrogation operations at the

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1 theater level. However, Joint Interrogation and Debriefing Centers
2 (JIDCs) retain technical authority for interrogation functions and
3 intelligence reporting.
4 (4) Ensures effective communication between JIDC personnel and
5 Detention Facility Commanders (DFCs).
6 (5) Provides policy and operational oversight, to include developing
7 and disseminating detainee policy, directives and operations orders
8 (OPORDs). The CDO does not establish interrogation priorities but
9 will work with his staff and higher headquarters to resolve any
10 issues with implementing the interrogation plan according to the
11 approved standards for interrogations. The CDO does not approve
12 or disapprove interrogation plans.
13 (6) Ensures those DOD personnel and any other non-DOD agency
14 personnel accessing detainees held in DOD detainee facilities
15 comply with the law of war and U.S. laws, regulations and policy.
16 (7) Ensures that all allegations of mistreatment within detention
17 facilities are immediately reported through the chain of command
18 for investigation by commanders and referral to the Military Criminal
19 Investigative Organization (MCIO) according to U.S. policy.
20 (8) Prepares reports regarding allegations of detainee mistreatment
21 and investigations as required by U.S. law and policy and
22 forwarding such reports as required.
23 (9) Ensures that ISNs are issued according to current policies and
24 procedures.
25 (10) Ensures that detainee and detainee property accountability and
26 reporting is done properly through the TDRC to the NDRC.
27 (11) Establishes detainee hearing, tribunal and board processes and
28 ensures those processes are supervised and their results are
29 properly reported and recorded.
30 (12) Coordinates all visits from representatives of the ICRC and/or
31 Protecting Power (PP).
32 (13) Coordinates external visits to detainees consistent with applicable
33 policy.
34 (14) Coordinates all logistical requirements across the spectrum of
35 detainee operations.
36 (15) Ensure personnel primarily responsible for the security and health
37 care of detainees do not directly participate in the conduct of
38 interrogations or engage in any action that ―prepares‖ detainees
39 mentally or physically for any interrogation activities, including the
40 use of military working dogs. This does not prohibit furnishing
41 appropriate medical care for treatment of illness or injury.
42
43 g. Detention Facility Commanders (DFCs) The detention facility commander is the
44 commander for an individual detention facility. The detention facility commander
45 normally does not serve as a CDO when also functioning as a TIF commander. In
46 internment facilities, the detention facility commander ensures, at a minimum, that—
47 (1) Internment operations are conducted according to applicable laws and policies.
48 (2) Members of the staff and command are thoroughly familiar with applicable ARs,
49 SOPs, directives, international laws, and administrative procedures.
50 (3) Facility personnel are trained on facility SOPs, applicable ARs, directives,
51 international laws, and administrative procedures.
52 (4) The safety and well-being of all personnel operating and housed within the
53 internment facility are maintained.
54 (5) All personnel are properly trained on the RUF and are familiar with the law of land
55 warfare and other applicable laws and policies.

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1 (6) Standards, policies, and SOPs (for detainee operations) are developed and
2 implemented to ensure compliance with AR 190-8 and that all personnel have an
3 effective knowledge of the internment facility SOP.
4 (7) Suitable interrogation space and resources, to include provisions for live
5 monitoring, are provided within the internment facility to facilitate the intelligence
6 collection mission.
7 (8) Provisions may also include medical, security, and administrative support.
8 (9) Coordination is made with the base commander, JIDC commander, and medical
9 and other assets regarding facility protection.
10
11
12
13 h. Joint Interrogation and Debriefing Center (JIDC) Commanders. The JIDC
14 commander is responsible for matters relating to interrogations, intelligence collection and
15 reporting, and interaction with other agencies involved in the intelligence and/or evidence-
16 gathering process. The JIDC is normally commanded by an MI officer, who is operational
17 control to the CDO and tactical control to the TIF commander for humane treatment,
18 evacuation, and custody and control (reception, processing, administration, internment, and
19 safety) of detainees; protection measures; and operation of the internment facility. The JIDC
20 commander is responsible for the conduct of interrogation operations, to include the
21 prioritization of effort and control of interrogation or other intelligence operations. The JIDC
22 maintains a technical direction relationship through MI channels for interrogation
23 functions and intelligence reporting. JIDC Commanders shall –
24
25 (1) Develop and implement synchronized interrogation tactics,
26 techniques and procedures (TTPs) that comply with applicable U.S.
27 laws and regulations,
28 international law, execution orders, fragmentary orders and other
29 operationally specific guidelines (such as DOD policy).
30 (2) Coordinate with the DFC to ensure that the roles and
31 responsibilities of intelligence collectors and detention facility
32 security personnel (i.e., military police) are understood and applied
33 throughout all phases of detainee operations.
34 (3) Coordinate with the DFC for MI personnel participation in base
35 operations support, to include tenant unit security, interpreter
36 support, logistics support and processing line screening.
37 (4) Keep the CDO informed about interrogation operations.
38 (5) Executes interrogation and debriefing operations according to the
39 priorities and guidance outlined by the higher intelligence
40 authorities.
41 (6) Coordinate with the MCIO and legal agencies for evidentiary
42 measures and resolutions, as required.
43
44 i. Detainee Operations Medical Directors (DOMDs) - Detainee Operations
45 Medical Directors oversee and guide all elements of health care delivery to
46 detainees within the theater. The DOMD is responsible for:
47
48 (1) Advising the detainee operations commander on the health of the
49 detainee population to include contagious disease, nutritional
50 issues and general health concerns.
51 (2) Provide DFCs with information regarding detainee health, condition,
52 limitations, and make recommendations, when requested, on post-
53 detention, post-release, or post-transfer treatment requirements.

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1 DOMDs will not interfere or delay efforts to release medically stable
2 detainees from custody'
3 (3) Providing guidance, in conjunction with the servicing judge
4 advocate, on the ethical and legal aspects of providing medical
5 care to detainees.
6 (4) Recommending task organization of medical resources to satisfy
7 detainee mission requirements.
8 (5) Recommending policies concerning medical support to Detainee
9 Operations (DO).
10 (6) Developing, coordinating and synchronizing health consultation
11 services for detainees.
12 (7) Evaluating and interpreting detainee-related medical statistical
13 data.
14 (8) Recommending policies and determining requirements and
15 priorities for medical logistics (MEDLOG) operations in support of
16 detainee health care. This includes:
17
18 (a) Blood and blood products,
19 (b) Medical supply/resupply,
20 (c) Formulary development,
21 (d) Medical equipment,
22 (e) Equipment maintenance and repair services,
23 (f) Optometric support,
24 (g) Fabrication of single- and multi-vision optical lens and
25 spectacle fabrication and repair.
26 (9) Recommending medical evacuation policies and procedures and
27 monitors medical evacuation support to detainees.
28 (10) Recommending policies, protocols and procedures pertaining to
29 medical and dental treatment of detainees. To the extent
30 practicable, these policies, protocols and procedures will provide
31 care similar to that provided to U.S. forces in the same
32 geographical area.
33 (11) Ensuring medical records are maintained on each detainee in
34 accordance with Army Regulation 40-66, Medical Record
35 Administration and Health Care Documentation and Army
36 Regulation 40-400, Patient Administration.
37 (12) Ensuring monthly weigh-ins are conducted and recorded in the
38 Detainee Reporting System (DRS) as required by this regulation.
39 (13) Planning for and implementing preventive medicine (PVNTMED)
40 operations and facilitates health risk communications (to include
41 PVNTMED programs and initiating PVNTMED measures [PMM] to
42 counter the health threat).
43 (14) Coordinating, as necessary, with the CCDR’s Detainee Medical
44 Case Management Committee (DMCMC) regarding detainee
45 medical requirements that may exceed local medical capabilities.
46 (15) Ensure Only the ISN (or capture tag number if no ISN is assigned)
47 will be used as the identifier on medical documentation.
48
49 j. Commanders engaged in the conduct of detainee operations. Commanders
50 have responsibility to plan, prepare, execute and assess detainee operations in
51 the theater of operation. Commanders shall ensure –
52
53 (1) Compliance with this policy and all applicable laws, regulations and
54 policies and other issuances.

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1 (2) Detainees are accounted for and humanely treated in accordance
2 with the Geneva Conventions and that detainee collection,
3 evacuation, internment, transfers, release and repatriation
4 operations are conducted per this regulation.
5 (3) Persons captured or detained during the course of operations are
6 detained in accordance with policy and regulation and that the
7 circumstances, events and basis for detention are properly
8 recorded.
9 (4) Evidence surrounding the events and circumstances leading to
10 detention is collected, documented, positively linked to the detainee
11 (e.g., marking, photographs, biometric data, sworn statements),
12 preserved and evacuated with the detainee.
13 (5) Seized or retained detainee property, including confiscated
14 currency, items of intelligence or items of evidentiary value are
15 safeguarded and evacuated through proper channels.
16
17 k. U. S. Army Criminal Investigation Command (USACIDC). USACIDC primarily
18 responsible for providing support to detainee DFCs to conduct all investigations
19 concerning detainee personnel IAW the provisions of AR 195-2. USACIDC will
20 ensure criminal investigative support to detainee operations is planned and
21 resources are allocated for this purpose, including coordination with other MCIO
22 where appropriate.
23
24 l. The National Detainee Reporting Center (NDRC). The NDRC, an HQDA
25 organization assigned to the OPMG, is responsible for—
26
27 (1) Acting as the single point of contact for ISN’s and forwarding blocks
28 of ISNs to the designated theater and the continental United States
29 (CONUS), as required.
30 (2) Obtaining and storing information concerning detainees and their
31 confiscated property. The NDRC is responsible only for detainees
32 who have been assigned ISNs. This includes detainees captured
33 by U.S. Armed Forces but are in custody of other powers and those
34 who have been released or repatriated. EPW and RP cannot be
35 forced to reveal any information, however, they are required to
36 provide their name, rank, service number and date of birth.
37 Geneva Convention and SECDEF require the NDRC to collect and
38 store the following additional information:
39 (a) Complete name, including all aliases
40 (b) Identifying physical characteristics with photographs
41 (c) Membership and rank (EPW’s only)
42 (d) Date of birth
43 (e) City and country of birth
44 (f) Nationality
45 (g) Citizenship
46 (h) Religion
47 (i) Name and address of next of kin
48 (j) Name and Address of person to be notified of detainees capture
49 (k) Complete name of mother and father
50 (l) Date and place of capture to include 8 digit grid coordinate
51 (m) Capturing unit
52 (n) Circumstance of capture
53 (o) General statement of health
54 (p) All confiscated property and its current location
55 (q) Special skills (example: engineers, chemist, etc.)

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1 (r) Languages and where the language was learned
2 (s) Clergy and medical personnel
3 (t) Certificates of death or duly authenticated lists of the dead
4 (3) Processing all inquiries concerning detainees captured by the Armed
5 Forces of the United States, in coordination with the relevant CCDR and CDO.
6 (4) Preparing reports and accountability information to the ICRC’s central
7 tracking agency or the Protecting Power. At a minimum information regarding
8 transfers, releases, repatriations, escapes, admissions to hospital, and deaths will
9 be provided weekly.
10 (5) Maintaining the Detainee Reporting System (DRS), the Program of Record
11 for Detainee Accountability.
12 (6) Directing the release of valuables and personal property of ISN detainees
13 that have been released or repatriated or have escaped or died.
14 (7) Receiving and archiving all ISN detainee records on the care and custody
15 of ISN detainees at the end of conflict. The NDRC is the custodian of record for
16 archived ISN detainee records at both Army Record Information Management
17 System (ARIMS) and National Archive Record Administration (NARA).
18 (8) Remains activated until record archiving and property accountability matters
19 are resolved following the release of all detainees.
20
21 m. The Theater Detainee Reporting Center (TDRC). The TDRC is a modular
22 organization that functions as the field operations agency for the CONUS-based
23 NDRC under the operational control of the CDO. It is the central agency responsible
24 for maintaining information on all detainees and their personal property within an
25 assigned area of responsibility. The NDRC acts in this capacity when there is no
26 TDRC assigned in an area of responsibility (AOR). The TDRC resides at theater
27 level to provide theater level detainee data management. The TDRC —
28
29 (1) Serves as the theater or AOR repository for information pertaining
30 to detainees.
31 (2) Accounts for detainee populations and ensures implementation of
32 DOD policy.
33 (3) Provides the initial blocks of ISNs to the area detainee processing
34 organizations and requests additional ISNs from the NDRC as
35 needed.
36 (4) Obtains and stores all accountability information concerning
37 detainee populations originating within the theater or AOR.
38 (5) Processes, stores and maintains; all personal property of ISN
39 detainees that are escaped, or deceased; articles of value, which
40 were not restored upon repatriation or release, until final disposition
41 instructions are received from the NDRC.
42 (6) Processes and replies to all inquiries received from the NDRC, the
43 chain of command or other agencies as directed by the CDO
44 concerning detainees and other protected persons in the operations
45 that the United States is responsible for under the Geneva
46 Convention.
47 (7) Makes regular reports to the NDRC, the CDO, the chain of
48 command and supported internment facilities as required. This will
49 include all pertinent information, official documents and information
50 on judicial proceedings pertaining to detainees in the theater of
51 operations for which the United States is responsible under the
52 Geneva Convention reports will include information on origin and
53 content of requests for information provided by the TDRC to others.
54 (8) Forwards valuables and personal property that can be returned to a
55 released or repatriated ISN detainee or to the next of kin of

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1 escaped or deceased ISN detainees to the ICRC Central Tracing
2 Agency (CTA) or Protecting Power, as directed by the NDRC and
3 coordinated with USD (P).
4 (9) Stores confiscated property that cannot be released or returned
5 until final disposition is directed by the NDRC.
6
7 (a) Unclaimed property will be safeguarded by the TDRC. If
8 property ownership cannot be determined, said property shall
9 be released as directed by the NDRC through appropriate
10 channels to the Defense Reutilization and Marketing Office
11 (DRMO).
12 (b) Unclaimed money and negotiable instruments will be
13 maintained by the TDRC pending inquiry and direction from the
14 NDRC. Upon completion of all repatriation actions and
15 inquiries, unclaimed money and negotiable instruments will be
16 transferred to the Finance and Accounting Office as abandoned
17 property.
18 (C) Personal property that cannot be returned or released to an
19 ISN detainee will be disposed of in a manner directed by the
20 NDRC.
21
22 (10) Verifies all data, paperwork and confiscated property of ISN
23 detainees is transferred with the detainee if the detainee is moved
24 between US facilities in either CONUS or OCONUS.
25 (11) Establishes and maintains an in theater repository for all released,
26 repatriated escaped or deceased detainee’s records that pertain to
27 their care, custodial and medical matters. Excepting inpatient
28 medical records that must undergo professional review, all
29 aforementioned records will be received by the TDRC within 30
30 days of triggering event.
31 (12) Inventories, packages and ships theater repository records in
32 accordance with NDRC instructions at the end of conflict.
33
34 (13) Will receive its information collection requirements from the NDRC.
35 The NDRC establishes and enforces the custody and accountability
36 information requirements for data US Forces will collect from
37 detainees taken or held in each TDRC’s area of responsibility.
38
39 n. The Army Judge Advocate General (TJAG). TJAG will provide HQDA
40 guidance and advice to commanders on the legal aspects of the detainee
41 program. TJAG will –
42
43 (1) Conduct liaison, in coordination with the DOD Office of General
44 Counsel, Deputy Assistant Secretary of Defense – Detainee Affairs,
45 Department of State, Department of Justice and other Federal
46 agencies; the Joint Chiefs of Staff; the Defense Intelligence
47 Agency; the Military Departments; the International Committee of
48 the Red Cross; the Protecting Powers; and other Detaining Powers,
49 as required.
50 (2) Provide trained and capable judge advocates to advise on the
51 application of the law of war and other applicable U.S. law and
52 regulations to detention operations.
53 (3) Provide advice and assistance on legal aspects of reported
54 violations by detainees.

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1 (4) Provide theater guidelines for any detainee claims against the U.S.
2 Government, where theater claims responsibility is assigned to the
3 Army.
4 (5) Provide guidance regarding EPW [Article 5] and CI Tribunals.
5
6 o. The Judge Advocates General of the Navy and Air Force and the Staff
7 Judge Advocate to the Commandant of the U.S. Marine Corps. They will
8 provide their respective Service HQ guidance and advice to commanders
9 on the legal aspects of the detainee programs as it applies to their
10 respective service. They will –
11
12 (1) Conduct liaison, in coordination with the DOD Office of General
13 Counsel, Deputy Assistant Secretary of Defense – Detainee
14 Affairs, Department of State, Department of Justice and other
15 Federal agencies; the Joint Chiefs of Staff; the Defense Intelligence
16 Agency; the Military Departments; the International Committee of
17 the Red Cross; the Protecting Powers; and other Detaining Powers,
18 as required.
19 (2) Provide trained and capable judge advocates to advise on the
20 application of the law of war and other applicable U.S. law and
21 regulations to detention operations.
22
23 p. Detainee Operations Military Chaplains: Provide for the religious needs of
24 US military and civilian personnel. Advises facility commander on issues
25 related to religious needs of detainees. Act as the point of contact (POC)
26 for retained personnel or lay persons from within the detainee population for
27 requests to commander to meet detainee religious needs, but do not
28 establish a religious or spiritual relationship through service provision or
29 confidential communications with detainees.
30

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1 Chapter 2 - General Detainee Policy
2
3 2-1 . General Detainee Operations Policy
4
5 a. Detainees will be safely transported as soon as practical from the point of
6 capture to detainee collection points, holding facilities or other internment
7 facilities operated by the DOD Components. From the point of capture to
8 the theater internment facility, detainees will receive treatment consistent
9 with EPW status unless a different status is determined by a competent
10 authority .
11
12 b. Commanders may authorize the holding of detainees at the point of capture
13 for periods that are in accordance with current DoD Policy . Detainees held
14 at the point of capture, at a minimum, are entitled to the general protections
15 stated in paragraph 2-2 of this regulation; if a competent authority has not
16 yet reviewed their status, they will receive the full protections of the GPW.
17
18 c. When medical personnel determine that, due to wounds or sickness,
19 prompt evacuation would be more dangerous to the detainee’s survival than
20 holding at the point of capture, the detainee will be moved to a DOD
21 internment facility as soon as medically feasible.
22
23 d. Detainees may be subject to tactical questioning in accordance with DOD
24 Directive 3115.09, at or near the point of capture to obtain time-sensitive
25 tactical intelligence. Intelligence interrogations will be conducted only by
26 interrogators properly trained and certified and in accordance with Army
27 Field Manual 2-22.3.
28
29 e. In cases where detainees are interned at the point of capture for medical
30 reasons, the custodial unit will provide the same standards of
31 accountability, treatment and care as a designated internment facility in
32 accordance with this regulation.
33
34 f. Detainees are to be respected and protected. The minimum force
35 protection requirements for safeguarding detainees are the same as those
36 for detaining units; the Geneva Conventions require that they be quickly
37 evacuated from the battlefield and protected from harm at all times. No
38 detainee may at any time be sent to or detained in areas where he may be
39 unnecessarily exposed to enemy fire or the hazards of the combat zone,
40 nor may his presence be used to render certain points or areas immune
41 from enemy military operations.
42
43 g. Detainees and their property shall be accounted for and records maintained
44 according to applicable law and policy.
45
46 h. Detainees shall be assigned an ISN as soon as possible, normally within 14
47 days of capture. DOD Components shall maintain full accountability for all
48 detainees under DOD control. Once the ISN is assigned, it will be used as
49 the only identifier for the detainee; his property and all records pertaining to
50 the detainee. No other identification number is authorized. Records
51 generated prior to the assignment of the ISN will be retroactively annotated
52 with the ISN. All detention records generated for an ISN detainee will be
53 archived as directed by the NDRC at the end of conflict.

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1 i. The ICRC, or a designated Protecting Power, will be notified of the ISN
2 assignment by the NDRC.
3
4
5 j. In cases of mass capture or surrender of entire military units or large groups
6 of people, combatants should be disarmed and those with the greatest
7 intelligence value identified for interrogation or debriefing depending upon
8 which means of exploitation is more appropriate. Repatriation of the
9 remainder should be considered, with final determination directed by the
10 CCDR.
11
12 k. The punishment of detainees known to have or suspected of having,
13 committed serious offenses will be administered in accordance with due
14 process of law and under legally constituted authority per this policy and all
15 applicable laws, regulations and policies and other issuances including the
16 applicable Geneva Conventions, the Uniform Code of Military Justice
17 (UCMJ) and the Manual for Courts Martial or the Military Commissions Act
18 and the Manual for Military Commissions. No detainee will receive a
19 sentence of punishment without a previous judgment pronounced by a
20 regularly constituted court, which includes a properly constituted military
21 commission, affording all the judicial guarantees recognized as
22 indispensable by civilized peoples.
23
24 l. Detainees are to be protected from insults and public curiosity. They will
25 not be photographed, filmed, videotaped, nor have their images otherwise
26 electronically captured, except for authorized purposes. The DFC may
27 authorize photographs for official administrative, law enforcement,
28 intelligence and/or counterintelligence purposes. For any other purpose,
29 photographs require the prior authorization of the first general/flag officer
30 (GO/FO) in the DFC’s chain of command; however, identifying images of
31 detainees will not be publicly released absent prior authorization by the
32 CCDR.
33
34 m. Interviews of EPW, CI, RP and other detainees by news media will not be
35 permitted. Requests for media access to EPW, CI, or other detainee
36 internment facilities will be coordinated through the Public Affairs Office,
37 and the servicing Office of the Staff Judge Advocate , and approved by the
38 first commander who exercises General Court Martial Convening Authority
39 over the internment facility. Requests for exception to policy will be
40 forwarded through command channels to HQDA (SAPA-PP), Washington,
41 D.C.
42
43 n. Interviews of detainees by news media are not permitted. Requests for
44 media access to detainee internment facilities, as well as requests to take
45 photographs of detainees that do not allow for identification of individuals or
46 subject detainees as a group, to insults or public curiosity, will be
47 coordinated through the Public Affairs Office (PAO) and with the service
48 Office of the Staff Judge Advocate and approved by the first general/flag
49 officer (GO/FO) in the DFC’s chain of command.
50
51 o. In accordance with current DoD Policy, all interrogations conducted at DoD
52 controlled theater level detention facilities, such as a Theater Internment
53 Facility (TIF) must be audio-video recorded. This mandate applies to the
54 Military Services and any other organization that conducts an interrogation
55 at a DoD controlled TIF. This mandate further requires all interrogations of

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1 detainees interned in a TIF, who are temporarily transferred to another
2 location, such as a medical treatment facility, be audio-videotaped. The
3 military intelligence unit in charge of interrogations at the TIF is responsible
4 for ensuring that all interrogations are compliant with the mandate. While
5 the mandate calls for interrogation operations to cease in the event of
6 equipment failure, it does allow for interrogation center commanders to
7 make crucial force protection decisions by allowing them to certify, in
8 writing, incidents of equipment failure and allow the interrogation continue.
9 The Secretary of Defense, or his designee, may approve recording waivers
10 on a case by case basis, as well as recording suspension requests on an
11 individual location basis.
12
13 p. The ICRC shall be allowed to offer its services during armed conflict,
14 however characterized, to which the United States is a party. A neutral
15 state or other international humanitarian organizations may be designated
16 by the U.S. Government as a Protecting Power (PP) to monitor whether
17 protected persons are receiving humane treatment as required by this
18 regulation and all applicable laws, regulations and policies and other
19 issuances including the Geneva Conventions.
20
21 q. No person subject to this regulation shall accept the transfer of a detainee
22 from another U.S. Government Department or Agency, coalition forces,
23 allied personnel or other personnel not affiliated with DOD or the U.S.
24 Government, except in accordance with applicable law, regulation, policy,
25 orders or other issuances.
26
27 r. No detainee shall be released or transferred from the care, custody or
28 control of a DOD Component except in accordance with applicable law,
29 regulation, policy, orders and other issuances.
30
31 s. All persons subject to this regulation shall receive complete training,
32 commensurate with their duties, in:
33
34 (1) The Geneva Conventions and all laws, regulations, policies and
35 other issuances applicable to detainee operations;
36 (2) Prevention of violation of same; and
37 (3) The requirement to report alleged or suspected violations that occur
38 during the course of detainee operations.
39 (4) DoDD 2311.01E Law of War
40
41 t. All persons subject to this regulation shall receive such training and
42 instruction in advance of participating in or supporting detainee operations
43 and annually thereafter. Training requirements and completion shall be
44 documented according to applicable law and policy.
45
46 2-2. General Detainee Treatment Policy
47
48 a. All persons captured, detained, interned or otherwise held by Armed Forces
49 of the United States during the course of conflict or any other military
50 operation will be accounted for and given humane treatment from the
51 moment they fall into the control of the Armed Forces of the United States
52 until final release, transfer out of U.S. control or repatriation. Prior to
53 transfer, the appropriate U.S. Government representative will ensure that
54 the receiving government is willing and able to apply the Geneva

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1 Conventions to transferred EPW, RP or CI and gain assurances of humane
2 treatment for other detainees.
3
4 b. The inhumane treatment of detainees is prohibited and is not justified by the
5 stress of combat or deep provocation. The inhumane treatment of
6 detainees is punishable under the UCMJ and U.S. Law.
7
8 c. All detainees will be provided with treatment consistent with the GPW until
9 some other legal status is determined by a competent authority. (See
10 paragraph 2-5 regarding status determinations.)
11
12 d. All persons subject to this regulation shall observe the law of war and shall
13 apply, without regard to a detainee’s legal status, at a minimum, the
14 standards articulated in Common Article 3 to the Geneva Conventions of
15 1949, as construed and applied by U.S. law and DOD policies, in the
16 treatment of all detainees, until their final release, transfer out of DOD
17 control or repatriation. [Note that certain categories of detainees, such as
18 EPW and CI, will enjoy additional protections, under the law of war, in
19 addition to the minimum standards prescribed in this paragraph and
20 Common Article 3.] The full text of Common Article 3 is reproduced below
21 and provides that:
22
23
24
25
26
27
28 Common Article 3, Geneva Conventions of 1949
29
30 In the case of armed conflict not of an international character occurring in the
31 territory of one of the High Contracting Parties, each party to the conflict shall be
32 bound to apply, as a minimum, the following provisions:
33 1. Persons taking no active part in the hostilities, including members of armed forces
34 who have laid down their arms and those placed hors de combat by sickness,
35 wounds, detention or any other cause, shall in all circumstances be treated
36 humanely, without any adverse distinction founded on race, color, religion or faith,
37 sex, birth or wealth or any other similar criteria.
38 To this end the following acts are and shall remain prohibited at any time and in any
39 place whatsoever with respect to the above-mentioned persons:
40 (a) Violence to life and person, in particular murder of all kinds, mutilation, cruel
41 treatment and torture;
42 (b) Taking of hostages;
43 (c) Outrages upon personal dignity, in particular, humiliating and degrading
44 treatment;
45 (d) The passing of sentences and the carrying out of executions without previous
46 judgment pronounced by a regularly constituted court affording all the judicial
47 guarantees which are recognized as indispensable by civilized peoples.
48 2. The wounded and sick shall be collected and cared for.
49 An impartial humanitarian body, such as the International Committee of the Red
50 Cross, may offer its services to the Parties to the conflict.
51 The Parties to the conflict should further endeavor to bring into force, by means of
52 special agreements, all or part of the other provisions of the present Convention.
53 The application of the preceding provisions shall not affect the legal status of the
54 Parties to the conflict.
55

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1
2
3
4 e. In addition, it is U.S. policy that all detainees will be provided –
5
6 (1) Adequate food. The daily food ration procured from an approved food
7 source will be sufficient in quantity, quality and variety to maintain
8 detainee health and prevent loss of weight or development of nutritional
9 deficiencies. The customary diet of the detainees will be considered.
10
11 (2) Potable water for drinking will meet established standards and will be
12 provided in sufficient quantity to maintain detainee health and prevent
13 dehydration, loss of weight or development of nutritional deficiencies.
14
15 (3) Sufficient water and soap and associated facilities for personal hygiene
16 and laundry requirements.
17
18 (4) Adequate shelter. At a minimum, the facilities used to shelter detainees
19 will:
20
21 (a) Be sufficient to protect them from the elements and the hazards of
22 war and other risks associated with the local area;
23 (b) Not limit the detainees’ ability to stand, lie prone and/or sit, yet
24 provide space to decrease the risk of the spread of communicable
25 diseases;
26 (c) Be protected from dampness, adequately lit and heated
27 (particularly between dusk and lights-out);
28 (d) Have adequate precautions taken against the dangers of fire;
29 (e) Have suitable bedding and sufficient blankets in light of the climate,
30 age, sex and health of each detainee.
31 (f) Have latrine facilities, conforming to sanitary rules, available for
32 detainee use. Separate latrine facilities will be provided for each sex.
33 (g) Serve as protection from the hazards of the surrounding area.
34 Detainees will not be located next to obvious military targets such as
35 ammunition sites, fuel facilities or communications equipment.
36 Detainees shall be protected against combat hazards, from conflict with
37 each other and from improper treatment.
38
39 (5) Proper clothing and protective garments for the local climate conditions.
40
41 (6) Medical treatment. To the extent practicable, detainees shall have
42 access to a similar standard of medical care as U.S. and coalition
43 forces in theater to include respect for their dignity and privacy. Under
44 no circumstances will detainees be subject to medical or scientific
45 experiments.
46
47 (7) Reasonable opportunities and the necessary religious artifacts for the
48 exercise of religion, consistent with the requirements of detention.
49
50 (8) Humane treatment without any adverse distinction based upon race,
51 nationality, religion, political opinion, sex or any other criteria. The
52 following acts are examples of prohibited inhumane treatment: murder,
53 torture, corporal punishment, mutilation, the taking of hostages,
54 collective punishments, execution without trial by proper authority and
55 all humiliating and degrading treatment as defined in U.S. law.

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1
2 f. All detainees will be respected as human beings. They will be protected
3 against threats or acts of violence including rape, forced prostitution,
4 assault and theft, insults, public curiosity, bodily injury and reprisals of any
5 kind. They will not be subjected to medical or scientific experiments or
6 sensory deprivation. This list is not exclusive.
7
8 g. The minimum humane treatment standards discussed in this paragraph
9 may not be suspended for any reason.
10
11 2-3. Initial actions upon capture or detention
12
13 This paragraph sets forth the requirements for detainee operations from the
14 moment of capture to a detainee’s arrival at an established detention facility
15 such as a Detainee Collection Point (DCP) or Detainee Holding Area (DHA).
16
17 a. From point of capture to the DCP or DHA, all detainees shall be:
18 safeguarded; treated humanely; provided adequate food and water;
19 provided shelter; provided medical care and hygiene facilities; provided
20 adequate clothing; provided protection of their personal property; be
21 protected from public curiosity; and, to the extent practicable, be permitted
22 to practice their religion.
23
24 b. All detainees shall be protected, safeguarded and accounted for at all
25 times. All detainees will, at the time of capture, be tagged using DD Form
26 2745. All equipment, documents and personal property confiscated during
27 the search must be tagged and administratively accounted for by the
28 capturing or detaining unit using only the pre-printed number from the DD
29 Form 2745.
30
31 c. Each detainee will be searched immediately after capture. Use males to
32 search males and females to search female detainees, unless the
33 immediate situation requires otherwise.
34
35 d. Detainees shall be restrained using the least restrictive method available to
36 maintain positive control. Restraints should be applied in such a manner
37 that allows detainees to stand, sit and lie in a prone position. Detainees
38 should not be restrained to fixed structures or objects while in transport
39 unless specifically authorized by the CCDR.
40
41 e. Weapons and items of potential intelligence and or evidentiary value will be
42 confiscated. Equipment or documents with intelligence value will be turned
43 over to the nearest intelligence unit. Propaganda and other Psychological
44 Operations (PSYOP) materials will be confiscated identified by the
45 detainee’s name and capture tag serial number and receipted on a DA
46 Form 4137 to supporting PSYOPs units through intelligence channels.
47 Capturing units must take measures to ensure the custody and integrity of
48 confiscated items.
49
50 f. Detainees will be segregated by categories of officer, noncommissioned
51 officer, enlisted, gender, juveniles, nationality, recognized ethnic groups,
52 deserters, security risk or any other category that the senior officer or
53 noncommissioned officer (NCO) having custody of the detainees
54 determines is necessary to ensure the detainees’ security, health and

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1 welfare. For the purposes of this subparagraph, juveniles are detainees
2 under eighteen (18) years of age; however, dependent children will not be
3 segregated from their parent(s).
4
5 g. Segregation should prevent detainees from communicating by voice or
6 visual means. Guards will communicate with the detainees only to give
7 commands and instructions. Segregation is a method used to facilitate
8 sorting of detainees and maintain security particularly in the initial stages
9 after capture. Separation, is an interrogation technique, is a restricted
10 technique is subject to specific approval requirements and limitations on its
11 use [see FM 2-22.3].
12
13 h. Return personal effects to the detainees as the situation and security
14 requirements allow. Items such as jewelry, helmets, canteens, protective
15 mask and chemical protective garments, clothing, identification cards and
16 tags, badges of rank and nationality and Red Cross brassards, articles
17 having personal or sentimental or religious value and items used for eating
18 (except knives and forks) shall be returned to detainee as soon as the
19 situation permits.
20
21 i. Currency will only be confiscated from detainees on the order of a
22 commissioned officer and will be receipted for using DA Form 4137
23 (Evidence/Property Custody Document). Separate accounting of currency
24 by detainee cross-referenced with capture tag number and/or ISN will be
25 accomplished to identify what currency was confiscated from which
26 detainee. An investigation, such as JAGMAN or AR 15-6 will be
27 conducted and appropriate intelligence organizations will be notified when
28 detainees are found in possession of large sums of currency.
29
30 j. All confiscated items must be linked to the detainee by the Capture Tag
31 Number, including confiscated weapons and currency. The Capture Tag
32 Serial Number from the DD Form 2745 serves as the only official tracking
33 number to be used for accountability of detainees and detainee property,
34 prior to the issuance of ISN. DD Form 2745 is perforated in three parts.
35 The form is individually numbered and is constructed of durable,
36 waterproof, tear-resistant material and has reinforced eyeholes at the top of
37 parts A and C. Part A is attached to the detainee with wire, string or other
38 type of durable material. Part B is retained by the capturing unit and
39 maintained in the unit's records. Part C is attached to the property
40 confiscated from the detainee, so that it may later be matched to that
41 detainee. Once an ISN is issued to a detainee it will be the only
42 identification number used to track a detainee. The Capture Tag Serial
43 Number will be added to the detainees record.
44
45 k. Units must provide the date of capture, location of capture (grid
46 coordinates), capturing unit and the circumstances of the capture (how the
47 detainee was captured or detained). The remaining information must be
48 included on the tag as it becomes available.
49
50 l. A receipt DA Form 4137 will be prepared to account for all property that is
51 taken from the detainee. Copies of DA Form 4137 will be maintained by the
52 capturing unit to establish positive accountability of the detainee’s property.
53 DA Form 4137 will be used to account for property released before final
54 disposition is ordered. The original DA Form 4137 will be evacuated with
55 prisoners for inclusion in their personnel records.

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1
2 m. Detainees will be humanely evacuated away from risks associated with the
3 location of the point of capture and into appropriate channels as quickly as
4 possible. Instructions given to detainees during evacuation from the point
5 of capture will be, if possible, in their own language and as brief as
6 possible.
7
8 n. Detainees may be released prior to arrival at the TIF or assignment of an
9 internment serial number as follows:
10
11 (1) At the point of capture (POC). Unless prohibited by policies established
12 by the combatant commander or his designee, immediate release of
13 detainees may be made at the POC based on the decision of the
14 appropriate authority on the ground, who is normally the commander of
15 the capturing unit. The decision should be based on criteria established
16 by the combatant commander or his designee.
17
18 (2) At the DCP/DHA. The commander responsible for the DCP or DHA will
19 oversee the transfer or release of a detainee from a DCP or a DHA. All
20 proposed transfers or releases should be reviewed by the legal advisor
21 to ensure compliance with applicable laws and policy and must be
22 approved by the appropriate authority.
23
24 o. When military necessity requires delay in evacuation beyond a reasonable
25 period of time, health and comfort items will be issued, such as food,
26 potable water, appropriate clothing, shelter and medical attention.
27 Detainees will not be unnecessarily exposed to danger while awaiting
28 evacuation.
29
30 p. Detainees may be subject to tactical questioning or interrogation at or near
31 the point of capture to obtain time-sensitive tactical intelligence. Tactical
32 questioning may be conducted by any DOD personnel trained in
33 accordance with paragraph 3d of DODD 3115.09. Interrogations may be
34 conducted only by interrogators properly trained and certified in accordance
35 with paragraph 3d of DODD 3115.09 and in compliance with Army Field
36 Manual 2-22.3
37
38 q. First aid and medical treatment will be provided to the same extent that the
39 United States provides to its own forces. Sick and wounded detainees will
40 be evacuated separately, but in the same manner as the United States and
41 coalition forces. Accountability and security of detainees and their
42 possessions in medical treatment facilities is the responsibility of the
43 respective echelon commander. Only the ISN (or capture tag if no ISN is
44 assigned) will be used as the identifier on medical documentation.
45
46 r. Accountability will be maintained for all evacuated detainees, regardless of
47 the evacuation channel used. Units designated to receive detainees at
48 collection points or internment facilities will prepare a DD Form 2708
49 (Receipt for Inmate or Detained Person) with a list of each detainee's name
50 attached and provide a copy of the DD Form 2708 to the escort. This copy
51 will be maintained by the capturing unit to substantiate proper care and final
52 disposition of the detainee. The receiving unit will add the original DA Form
53 2708 to the detainees personnel record. [Note: If the detainee has an
54 active ISN only DD Form 2708 generated by the DRS is authorized; use of
55 a DD Form 2708 from any other source will corrupt overall accountability.]

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1
2 2-4. Addressing Suspected Abuse or Mistreatment of Detainees:
3
4 It is policy of the U.S. Armed Forces that --
5
6 a. All DOD personnel (military, civilian and contractor) must correct, report and
7 document any incident or situation that appears to violate the General
8 Detainee Treatment Policy in paragraph 2-2 above or that might otherwise
9 constitute mistreatment or abuse of detainees or U.S. military prisoners.
10 Acts and omissions that constitute inhumane treatment are violations of
11 U.S. law and policy and the law of war and, as such, must be corrected
12 immediately. If a detainee in DOD custody is in imminent danger of death
13 or serious bodily harm, a U.S. service member has an affirmative, ongoing
14 obligation to stop the violation, as well as report it in accordance with the
15 provisions of this regulation.
16
17 b. All personnel who observe or have knowledge of possible abuse or
18 mistreatment will immediately report the incident through their chain of
19 command or supervision. Reports may also be submitted to the military
20 police, a judge advocate, a chaplain or an inspector general (IG), who will
21 then forward the report through the recipient's chain of command or
22 supervision. Reports made to other officials will be accepted and
23 immediately forwarded through the recipient's chain of command or
24 supervision. All such reports will include an information copy to the
25 appropriate CCDR.
26
27 c. Any commander or supervisor who obtains credible information that abuse
28 or mistreatment has occurred will immediately report the incident through
29 command or supervisory channels to the responsible combatant
30 commander or to another appropriate authority for allegations involving
31 personnel who are not assigned to a combatant commander. In the latter
32 instance, send an information report to the combatant commander with
33 responsibility for the geographic area where the alleged incident occurred.
34
35 d. Any credible allegation or perceived violation of the law of war or of
36 detainee abuse reported by a detainee will be immediately reported to
37 USACIDC or other competent investigative authority and reported to the
38 CCDR as a Serious Incident Report (SIR), in accordance with AR 190-45.
39 Once completed, a copy of the SIR will be added to the detainees personal
40 record and accompany the detainee to the internment facility. A copy of the
41 SIR will be provided to the TDRC and NDRC. All available pertinent
42 information from the detainee will be included in the SIR. A copy of the
43 SIR, related updates and final reports will be provided to NDRC and the
44 relevant CCDR.
45
46 2-5. Tribunals and Status Determinations [SG1]
47 a. Where doubt exists as to the status of a detainee, the detainee’s status will
48 be determined by:
49 (1) A tribunal, as described below, CI Internment Orders; or
50 (2) Specific direction, from the CCDR level or higher, regarding the
51 status of particular individuals.
52
53 b. If during operations abroad, a U.S. citizen (or other person entitled to
54 protections under the U.S. Constitution) is detained, commanders will,

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1 immediately upon discovery of that person's U.S. citizenship (or equivalent
2 entitlement), communicate through the chain of command to the CCDR for that
3 combatant command or higher authority to determine further processing
4 consistent with U.S. law.
5
6 c. If there is doubt as to whether captured persons are prisoners of war as
7 defined in Article 4, GPW, their status shall be determined by a competent
8 tribunal. These are commonly called ―Article 5 Tribunals‖ in reference to
9 Article 5, GPW, and are discussed in paragraph 3-6. An Article 5 tribunal is
10 not necessary when a capturing commander:
11 (1) has no doubt that a captured person is entitled to prisoner of war
12 status, or
13 (2) determines that, based upon specific direction, from the CCDR
14 level or higher, regarding the status of particular individuals, the
15 detained person does not have the prisoner of war status under the law
16 of war.
17
18 d. Civilians may be interned for imperative reasons of security. Decisions
19 to intern a person may be appealed. Appeals of internment orders are
20 discussed in paragraph 5-11; procedures that are consistent with the
21 Civilian Internee Review Tribunals (CIRTs) discussed in paragraph 5-11
22 fulfill the requirement for the periodic review of individual status
23 determinations required by Art. 78 of the GC.
24
25 e. Detainees under DOD control who do not have prisoner of war status
26 under the law of war shall have the basis for their detention reviewed
27 periodically by competent authority.
28
29 f. GPW and GC are silent concerning the composition and procedures for
30 Article 5 Tribunals and CIRTs. It is DOD policy to use the following
31 procedures for these types of tribunals:
32
33 (1) A competent tribunal will be composed of three commissioned
34 officers, one of whom must be of a field grade. The senior officer
35 will serve as President of the Tribunal. Another nonvoting officer,
36 preferably a Judge Advocate, will serve as the recorder.
37
38 (2) The convening authority will be the first GO/FO in the chain of
39 command or a commander exercising general courts-martial
40 convening authority, unless such authority has been properly
41 delegated.
42
43 (3) Minimum standards for conduct of an administrative tribunal
44 include:

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

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

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

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

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

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

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

14 (6) Detainees will not be compelled to testify or otherwise present


15 evidence to the tribunal. Hearsay evidence offered by the recorder
16 or the detainee may be accepted by the tribunal, if credible.
17
18 (7) Following the hearing of testimony (if applicable) and the review of
19 documents and other evidence, the tribunal will determine the
20 status of the detainee in closed session by majority vote. The
21 recorder will prepare the record of the tribunal within three
22 workdays of the announcement of the tribunal's decision. The
23 record will then be forwarded to the first SJA in the internment
24 facility's chain of command for a ―legal sufficiency‖ review.
25
26 (8) The decision of the tribunal, any evidence admitted before the
27 tribunal, and any additional information provided by the detainee
28 will be presented to the convening authority for a final determination
29 within a reasonable time after the proceedings have concluded.
30
31 2-6 . Hearings and Judicial Proceedings.
32
33 This section applies to detainees who are being tried under the UCMJ,
34 battlefield commissions, or occupation courts for either pre-capture or post-
35 capture offenses. It does not apply to cases tried in accordance with the
36 Military Commissions Act of 2009 (MCA); the MCA procedures (10 U.S.C. §§
37 948a, et seq., and implemented in the Manual for Military Commissions) are
38 beyond the scope of this regulation.
39
40 a. No detainee will be tried or sentenced for an act that was not forbidden by
41 U.S. law, the law of the host nation or by international law in force at the
42 time the act was committed. Detainees cannot be tried a second time by
43 the same authority for the same offense, if first acquitted.
44
45 b. No detainee will be compelled to admit guilt for any offense or to testify
46 against himself at any proceeding.
47
48 c. No detainee will be convicted without having had the opportunity to present
49 a defense with the assistance of a qualified advocate or counsel.
50

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1 d. Accused detainees will be notified promptly of the charges in writing.
2 Charges will be in a language understood by the accused. These persons
3 will be tried as soon as practicable.
4
5 e. Accused detainees will be presumed innocent until proven guilty beyond a
6 reasonable doubt.
7
8 f. The charges will be proved in the accused’s presence.
9
10 g. The accused will have the opportunity to examine or have examined, the
11 evidence and witnesses against him or her and have a reasonable
12 opportunity, under the same conditions as the prosecution to obtain
13 evidence or the attendance of witnesses on his behalf.
14
15 h. Accused persons are entitled to the services of an interpreter, if required.
16
17 i. Verdicts and sentences will be announced publicly. Convicted persons will
18 be advised of their judicial and other remedies and the time-limits within
19 which they may be exercised.
20
21 j. Records of trials will be kept by the first General Court-Martial Convening
22 Authority Staff Judge Advocates’ office in the internment facility's chain of
23 command. These records will be open to inspection by representatives of
24 the PP.
25
26
27
28
29 2-7 . Special policy pertaining to the temporary detention of
30 detainees aboard U.S. Naval vessels:
31
32 a. Detention of detainees on board naval vessels will be limited.
33
34 b. Detainees recovered at sea may be temporarily held on board as
35 operational needs dictate, pending a reasonable opportunity to transfer
36 them to a shore facility or to another vessel for transfer to a shore facility.
37
38 c. Detainees may be temporarily held aboard naval vessels while being
39 transported between land facilities. They may also be treated and
40 temporarily quartered aboard naval vessels incidental to their treatment, to
41 receive necessary medical attention if such detention would appreciably
42 improve their health or safety prospects.
43
44 d. Holding of detainees on vessels must be temporary, limited to the minimum
45 period necessary to evacuate them from the point of capture or to avoid
46 significant harm that would be faced if detained on land.
47
48 e. Use of immobilized vessels for temporary holding of detainees is not
49 authorized without the approval of the Secretary of Defense.
50
51 2-8. United States of America and Republic of Korea Agreement
52 Memorandum of Agreement on the Transfer of POW/CIs
53

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1 On 12 February 1982, the United States and the Republic of Korea (ROK)
2 signed the ―Memorandum of Agreement on the Transfer of Prisoners of
3 War/Civilian Internees.‖ This agreement governs the procedures and forms
4 for the processing and transfers of EPW and CI by ROK and US armed forces
5 within the Korean theater of operations.
6
7 2-9. Medical Treatment of Detainees
8
9 Detainees will not be denied medical care.
10
11 a. Decisions regarding appropriate medical treatment of detainees and the
12 sequence and timing of that treatment are the sole province of assigned
13 medical personnel..
14
15 (1) To the extent practicable, detained personnel must have access to
16 a similar standard of care as members of the Armed Forces of the
17 United States to include respect for their dignity and privacy.
18
19 (2) It is the duty of health care personnel charged with the medical care
20 of detainees to protect and care for their physical and behavioral
21 health and to ensure humane treatment. Medical personnel will
22 report suspected incidents of detainee mistreatment as specified in
23 paragraph 2-4 of this regulation.
24
25 (3) Health care personnel charged with the medical care of detainees
26 will maintain a professional provider-patient relationship with
27 detainees and will not be involved in any relationship which is not
28 solely related to evaluating, treating and protecting their mental and
29 physical health.
30
31 (4) Behavioral Science Consultants (BSC) are trained and qualified in
32 behavioral sciences to provide safe, legal, ethical and effective
33 interrogation consultative services to support authorized law
34 enforcement, intelligence activities and detention operations. They
35 may observe but not conduct or direct interrogations. They may not
36 provide health care to detainees or staff (except in emergency
37 circumstances in which no other health care providers can respond
38 adequately to save life or prevent permanent impairment). They are
39 authorized to make psychological assessments of character,
40 personality, social interactions and other behavioral characteristics
41 of detainees, including interrogation subjects and to advise
42 authorized personnel performing lawful interrogations and other
43 lawful detainee operations regarding such assessments.
44
45 (5) Health care personnel will not apply physical restraints unless it is
46 in accordance with medical criteria to protect the mental or physical
47 health or safety of the detainee or for the protection of other
48 detainees or those treating, guarding or otherwise interacting with
49 them.
50
51 (6) Medical personnel assigned to support detainee operations will
52 complete detainee-specific individual or collective training pursuant
53 to Appendix D of this regulation.
54

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1 b. Utilization of medical personnel.
2
3 (1) The medical command (deployment support) (MEDCOM [DS])
4 commander as the senior medical officer appoints a detainee
5 operations medical director (DOMD) to oversee and guide all
6 elements of health care delivery to detainees within the theater.
7
8 (2) Medical personnel provide all detainee health care to include:
9 inprocessing, periodic and outprocessing screening examinations;
10 all routine and emergency outpatient care; all dental and behavioral
11 health care; all inpatient care including critical care; and all detainee
12 medical transfers.
13
14 (3) Required military medical personnel will be provided within the
15 capability of the CDO.
16
17 (4) Medical personnel will not perform guard duties for hospitalized
18 detainees. Guards will be provided by the DFC as necessary.
19 Guards will not provide first aid except in emergency situations.
20
21 c. Medical treatment facilities. Each detainee internment facility will provide
22 personnel, material and facilities for adequate routine and emergency
23 dispensary treatment. Patients requiring hospital treatment will be moved
24 to a US medical treatment facility due to security considerations. The
25 treatment provided at the US military hospital must be commensurate with
26 medical treatment provided to the average US Soldier in that theater of
27 operations. . When US medical treatment facilities are not available or their
28 use is not feasible due to security considerations, civilian hospital facilities
29 may be used. Civilian hospital facilities must provide detainees the same
30 level of care as stated above .
31
32 d. Medical care.
33
34 (1) Medical and dental care, including dentures, spectacles and other
35 required artificial appliances, will be provided to detainees assigned
36 ISN in accordance with AR 40-3.
37
38 (2) A medical officer will examine each detainee upon arrival at an
39 internment facility and monthly thereafter. The detainee will not be
40 admitted into the general population until medical fitness is
41 determined. These examinations will detect vermin infestation and
42 communicable diseases, especially tuberculosis, malaria and
43 venereal disease. They will also determine the state of health,
44 nutrition and cleanliness of each detainee to ensure compliance
45 with paragraph 2-2 of this regulation. During these examinations,
46 each detainee will be weighed. If an ISN has not been assigned
47 the weight will be recorded on DA Form 2664. For ISN detainees
48 the weight must be recorded in the DRS.
49
50 (3) Tuberculin skin test (TST) will be administered to all detainees 14
51 years of age and older. After a positive periodic tuberculin skin test
52 (TST), each detainee will be given an initial radioscopic chest
53 examination. If active disease is found, pulmonary or infectious
54 disease consultation is required. If no active disease is found, the
55 individual will be followed through routine periodic examinations.

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1
2 (4) For children up to 14 years of age, a tuberculin skin test (TST) will
3 be administered. No chest x-ray is necessary if the TST is
4 negative. The local medical officer will establish guidance for
5 subsequent tests based on the tuberculosis experience of the
6 population. Routine annual tuberculin testing of child detainees
7 under the age of 14 is not warranted unless there is clear-cut
8 evidence of high risk. (See AR 40-26.)
9
10 (5) Each detainee will be immunized or re-immunized as prescribed by
11 the DOMD.
12
13 (6) Experimental research will not be conducted on the detainee, even
14 if the detainee agrees to it.
15
16 (7) Sick call for the detainee desiring medical attention will be held
17 each day. Emergency treatment will be provided at all times.
18
19 e. Records and reports.
20
21 (1) General. The medical records and forms used for the
22 hospitalization and treatment of U.S. Army personnel will be used
23 for detainees. The letter ―D‖ should be stamped at the top of the
24 form, along with the ISN or Capture Tag number. Medical and
25 dental records will accompany the detainee when they are
26 transferred. When an ISN detainee is released or repatriated or if
27 an ISN detainee dies or escapes from US Forces Custody the
28 entire medical record will be forwarded to the TDRC for archiving.
29
30
31 (2) Translated summarized health care report. At the time of release
32 each detainee who has undergone medical treatment will be given,
33 upon request, a translated summarized health care report indicating
34 the nature of his illness or injury and the duration and kind of
35 treatment given. A duplicate of this report will be forwarded to the
36 TDRC.
37
38 (3) Seriously ill report. When a detainee is seriously ill because of
39 injury or disease, the internment facility or medical treatment facility
40 commander will notify the TDRC without delay and provide a brief
41 diagnosis of the case. Follow-up reports, including notification of
42 removal from the seriously ill list, will be submitted each week
43 thereafter during the period the detainee remains critical.
44
45 (4) Released detainees should be provided a copy of their medical
46 record with all U.S. military unit designations and health care
47 provider and other medical support personnel identification
48 redacted.
49
50 f. Preventive Medicine.
51
52 (1) All sanitary measures necessary to ensure clean and healthy
53 internment facilities to prevent epidemics will be undertaken.
54 Preventive medicine personnel or a medical officer will conduct and
55 document health and sanitation inspections on at least a monthly

28
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PREDECISIONAL WORKING DRAFT/NOT FOR
IMPLEMENTATION
1 basis as prescribed by USACHPPM TG 307. DFC will ensure
2 preventive medicine personnel conduct and document periodic and
3 detailed sanitary inspections.
4
5 (2) Preventive medicine personnel will ensure water is potable and
6 food preparation and processing areas are maintained to standard
7 as required by paragraph 2-2 of this regulation.
8
9 (3) Each detainee will be provided with sanitary supplies, service and
10 facilities necessary for their personal cleanliness and sanitation.
11 Separate sanitary facilities will be provided for each sex.
12
13 (4) All detainees will have access to, day and night, latrines that
14 conform to the rules of hygiene and are maintained in a constant
15 state of cleanliness. In any internment facilities in which women
16 are accommodated, separate latrines will be provided for them.
17
18 (5) Each detainee upon arrival at the internment facility will be
19 examined. A detainee will not be admitted into the general
20 population until medical fitness is determined. A detainee with a
21 contagious disease, mental condition or other illness, as
22 determined by the medical officer, will be segregated from other
23 patients. A list of endemic diseases of military importance can be
24 obtained from the theater surgeon or preventive medicine officer.
25
26 (6) Detainees will be immunized and re-immunized against other
27 diseases as recommended by the theater surgeon.
28
29 (7) Detainees suffering from serious disease or whose condition
30 necessitates special treatment, surgery or hospital care, must be
31 admitted to any military or civilian medical unit where such
32 treatment can be given.
33
34 2-10. Death and burial
35
36 In the event of a detainee death, the commander of the internment facility or unit will
37 immediately notify USACIDC or the responsible MCIO. Upon declaration of death,
38 the remains will be placed in a clean body bag and secured until the arrival of the
39 investigating authority. The remains will not be washed and all items on or in the
40 body will be left undisturbed except for weapons or other items that pose a
41 continuing threat. The investigative authority will contact the Office of the Armed
42 Forces Medical Examiner (OAFME), which will determine whether an autopsy will
43 be performed. The body will not be released from U.S. custody without written
44 authorization from the OAFME and the MCIO. Determination of the cause and
45 manner of death will be the sole responsibility of the OAFME or other competent
46 medical authority designated by the OAFME and the CCDR.
47
48 a. For general procedures and authorized expenses for the care and
49 disposition of remains, see AR 638-2 and AR 638-40.
50
51 b. When a detainee has chosen to make a will, while at the internment
52 facility, the original and two certified copies will be forwarded to the Theater
53 Detention Reporting Center upon death or at the detainee’s request.
54

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1 c. When a detainee in U.S. custody dies, the attending medical officer will
2 immediately furnish the accountable DFC and medical treatment facility
3 commander or other accountable officer with the following information:
4
5 (1) Full name of deceased.
6 (2) ISN of deceased. Mandatory if ISN assigned, otherwise
7 provide Capture Tag number.
8 (3) ICRC number, if available.
9 (4) Date and place of death.
10 (5) Method used to positively identify the detainee, example; iris
11 scan, fingerprints, or photographs.
12
13 d. Upon the death of a detainee, the internment facility, unit or medical
14 treatment facility commander will immediately notify the CCDR and TDRC
15 by the most expeditious means and report the death to HQDA as a SIR, in
16 accordance with AR 190–45. The data listed in subparagraph (c) above will
17 be included in the SIR. All supplemental reports will clearly reference the
18 original message with the original DTG. An initial report of death will be
19 entered into DRS within 4 hours when an ISN detainee dies.
20
21 e. The Armed Forces Medical Examiner or their designee will complete
22 DD Form 2064 (Certificate of Death (Overseas)). The deceased’s full 13-
23 digit or 14-digit ISN and ICRC identification number (if available) will be
24 included in the block labeled ―Social Security Number.‖ The required
25 distribution of DD Form 2064 is as follows:
26
27 (1) Original—NDRC. Distribute within 48 hours of signing the
28 death certificate.
29 (2) Copy—TDRC. Distribute within 48 hours of signing the death
30 certificate.
31 (3) Copy—The Surgeon General. Distribute within 72 hours of
32 signing the death certificate.
33 (4) Copy—Detainee's Personnel File.
34 (5) Copy - If the detainee dies in the United States, a copy will be
35 sent to the proper civil authorities responsible for recording deaths
36 in that State. Distribute within 72 hours of signing the death
37 certificate.
38
39 f. Investigate all cases of detainee death or serious injury IAW the
40 provision of AR 195-2.
41
42 g. Burial, record of internment and cremation. Deceased detainees will be
43 buried honorably in a cemetery set up for them according to AR 638-2 and
44 if possible, according to the rites of their religion. Unless unavoidable
45 circumstances require the use of collective (group or mass) graves, the
46 detainee will be buried in a separate grave. Graves Registration Services
47 will record information on burials and graves. A copy of DD Form 551
48 (Record of ) will be forwarded to the Theater Detention Reporting Center.
49 The United States will care for graves and record any subsequent moves of
50 the remains. A body may be cremated only because of imperative hygiene
51 reasons, the detainee’s religion or the detainee’s request for cremation.
52 The reason for cremation of a body will be cited on the death certificate.
53 Ashes will be kept by Graves Registration until proper disposal can be
54 decided according to the instructions of the PP.
55

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1 h. Burial at sea and after land transfer. If a detainee dies at sea, the body
2 will not be buried there unless absolutely necessary. If the body has to be
3 buried at sea, the procedures prescribed for U.S. troops will be followed as
4 closely as possible; however, a U.S. flag will not be used. When death
5 occurs during a land transfer, the responsible officer will follow the same
6 procedures for burial prescribed for U.S. military personnel.
7 i. Release of Remains to Next of Kin. CCDR may establish policy
8 allowing release of remains to next of kin. Requests for remains will
9 received through the ICRC. Remains will be released to the ICRC for
10 return to the requesting next of kin. Remains shall be accounted for in
11 accordance with DA PAM 638-2.
12
13 j. The personnel files of a deceased person with all pertinent records will
14 be forwarded to the TDRC.
15
16 k. The NDRC will notify the ICRC of all detainee deaths. Detainee
17 Certificates of Death (DD Form 2064) will be maintained by the NDRC for
18 the period of hostilities or occupation. At the end of declared hostilities or
19 occupation, the NDRC is responsible to archive all detainee DD Form
20 2064s IAW AR 25-400-2.
21
22 Chapter 3 - Detention of Enemy Prisoners of War
23
24 3-1. General:
25
26 The United States may detain EPWs until the cessation of hostilities and may detain
27 EPWs in internment facilities located both in and outside CONUS.
28
29 3-2. Definition:
30
31 The term ―enemy prisoner of war‖ (EPW) is used to identify individuals captured,
32 detained, held or otherwise under the control of DOD personnel (military, civilian or
33 contractor employee) who are captured during the course of an international armed
34 conflict and who meet the criteria found in Article 4, GPW as persons belonging to
35 one of the following categories:
36
37 a. Members of the armed forces of a party to the conflict as well as members
38 of militias or volunteer corps forming parts of those armed forces.
39
40 b. Members of other militias and members of other volunteer corps, including
41 those of organized resistance movements, belonging to a party to the
42 conflict and operating in or outside their own territory, even if this territory is
43 occupied, provided that such militias or volunteer corps, including such
44 organized resistance movements, fulfill all of the following conditions:
45
46 (1) Are commanded by a person responsible for his subordinates;
47 (2) Have a fixed distinctive sign recognizable at a distance;
48 (3) Carry arms openly;
49 (4) Conducting their operations according to the laws and customs of
50 war.
51
52 c. Members of regular armed forces who profess allegiance to a government
53 or an authority not recognized by the Detaining Power.
54

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1 d. Persons who accompany the armed forces without actually being members
2 thereof, such as civilian members of military aircraft crews, war
3 correspondents, supply contractors, members of labor units or of services
4 responsible for the welfare of the armed forces. Identification cards shall be
5 provided by the armed forces which they accompany to show authorization.
6
7 e. Members of crews, including masters, pilots and apprentices, of the
8 merchant marine and the crews of civil aircraft of the parties to the conflict,
9 who do not benefit by more favorable treatment under any other provisions
10 of international law.
11
12 f. Inhabitants of a non-occupied territory, who on the approach of the enemy
13 spontaneously take up arms to resist the invading forces, without having
14 had time to form themselves into regular armed units, provided they carry
15 arms openly and respect the laws and customs of war.
16
17 3-3. Applicability of General Detainee Treatment Policy:
18
19 While EPWs are under DOD custody and control, the General Detainee Treatment
20 Policy stated in paragraph 2-2 of this regulation is applicable.
21
22
23 3-4. General processing requirements applicable to EPWs:
24
25 a. An EPW will be required to show the identification card issued by
26 his/her government; however, in no case may the card be taken from
27 the individual.
28
29 b. EPW’s will be issued an ISN and processed using the Detainee
30 Reporting System (DRS), if available. If DRS is not available DA Form
31 4237 will be used. Once DRS becomes available all information from
32 DA Form 4237 will be entered into DRS.
33 c. If an EPW does not hold an identification card issued by his/her
34 government, the EPW will be issued a detainee identification bracelet
35 (generated by DRS) or a completed DA Form 2662 (EPW Identity Card)
36 if DRS is not available. The identification card or ID bracelet will be in
37 the possession of the EPW at all times. A notation indicating
38 preparation of DA Form 2662 will be made under item 36 of DA Form
39 4237 (Detainee Personnel Record) if DRS is not available.
40
41 d. Biometrics required by SECDEF will be collected from each detainee
42 during initial processing. Biometrics include:.
43 (1) Photographs: 5-Aspect photos will be taken of each detainee (front,
44 left, 45 degree left, right, 45 degree right) and uploaded into DRS. If
45 DRS is not available 5-aspect photos will be taken of the detainee and
46 attached to the DA Form 4237
47 (2) DNA: Buccal (cheek) swabs of the detainee will be taken and
48 mailed to AFDIL. Annotation will be made in DRS to show DNA has
49 been taken.
50 (3) Fingerprints: Will be taken electronically using the Biometric
51 Automated Tool Set (BATS) or its equivalent. Fingerprints will then be
52 uploaded into the Automated Biometric Identification System (ABIS). If
53 (BATS) is not available a DA Form 2663 (Fingerprint Card) will be

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1 prepared in duplicate for each EPW. One copy will be placed in the
2 detainees’ record and will accompany the EPW upon transfer. The
3 other copy will be forwarded to the TDRC.
4 (4) Iris Scans: Will be taken of detainees using BATS or its equivalent.
5 Iris scans will then be uploaded into ABIS.
6 (5) Any other biometrics required by SECDEF
7
8 3-5. Special benefits afforded to EPWs:
9
10 Under the applicable laws of war, EPWs are afforded benefits in addition to those
11 provided by the General Detainee Treatment Policy in this regulation, including:
12
13 a. Access to morale, religious, intellectual, educational, social, physical
14 and recreational activities.
15
16 b. The ability to correspond with their families and receive relief
17 shipments, per paragraph 3-12 below.
18
19 c. EPWs will have available copies of the 1949 Geneva Conventions in
20 their own language.
21
22 d. EPW will be interned in facilities according to their nationality and
23 language. They will not be segregated from other prisoners belonging
24 to the Armed Forces with which they were serving at the time of their
25 capture, except with their consent. Officers will be separated from
26 enlisted personnel and females will be separated from males. Officers,
27 NCOs and prisoners of equivalent status will be treated with the regard
28 due to their rank and age.
29
30 e. EPW representatives will be authorized at EPW internment facilities,
31 per paragraph 3-7 below.
32
33 f. The conditions in EPW internment facilities will be as favorable as those
34 for U.S. military forces billeted in the same area and EPWs will be
35 provided quarters, clothing and facility privileges per paragraph 3-9
36 below.
37
38 g. Capture cards will be prepared for each EPW and forwarded to the
39 ICRC or Protecting Power, as outlined in paragraph 3-11, below, so that
40 the prisoners’ relatives may be informed of their capture, address and
41 state of health. The cards will be forwarded as rapidly as possible and
42 may not be delayed.
43
44 h. EPWs are bound to give only their name, rank, date of birth and serial
45 number or equivalent information. If an EPW fails to provide this
46 information, his privileges as an EPW may be restricted. EPWs who
47 refuse to provide any further information than that required above may
48 not be threatened, insulted or exposed to unpleasant or
49 disadvantageous treatment of any kind.
50
51 3-6. Article 5 Tribunals
52
53 a. Should any doubt arise as to whether persons, having committed a
54 Belligerents act and fallen into the hands of the U.S. forces, belong to

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1 any of the categories enumerated in Article 4, GPW and paragraph 3-2,
2 above, their status will be determined by a competent tribunal. An
3 Article 5 Tribunal will determine the status of any such person.
4
5 b. The procedures for the Article 5 Tribunal are outlined in paragraph 2-5,
6 above. Paragraph 2-5 outlines the minimum standards for the tribunal;
7 as resources and time permit, the convening authority may adopt
8 additional procedures for these tribunals.
9
10 c. Article 5 Tribunals are empowered to recommend that the convening
11 authority designate the following statuses of individuals:
12
13 (1) EPW (Enemy Prisoner of War);
14
15 (2) Retained Personnel (RP) entitled to EPW protections, who
16 should be considered for certification as a medical, religious
17 or volunteer aid society RP.
18
19 (3) Civilian:
20
21 (a) Civilian accompanying the force in EPW status.
22 (b) Civilian who should be immediately returned home or
23 released.
24 (c) CI who for reasons of operational security or probable
25 cause incident to criminal investigation, should be detained
26 or transferred to local law enforcement authorities, as
27 appropriate. [In this case the convening authority should
28 prepare an Internment Order, in accordance with
29 paragraph 5-6, below.]
30
31 (4) Unprivileged Enemy Belligerents. [This status may require
32 further processing in accordance with DOD policy and U.S. law]
33
34 d. Detainees who have been determined by a competent tribunal not to be
35 entitled to EPW status will not be executed, imprisoned or otherwise
36 penalized without further (judicial) proceedings to determine what acts
37 they have committed and what penalty should be imposed.
38
39 3-7. EPW Representatives
40
41 a. Selection of representatives.
42
43 (1) At each enlisted EPW or branch internment facility, EPW’s will
44 select a detainee representative. These representatives will be
45 elected by secret ballot every 6 months and are eligible for
46 reelection.
47
48 (2) EPW will be permitted to consult freely with their representatives.
49 In turn, their representatives will represent them before:
50
51 a. The military authorities.
52 b. The PP.
53 c. The ICRC.
54 d. Other relief or aid organizations.
55

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1 (3) In officer EPW internment facilities or in internment facilities with
2 both officers and enlisted EPW, the senior EPW officer, unless
3 incapacitated or incompetent, will be recognized as the detainee
4 representative. In officer EPW internment facilities, one or more
5 advisers chosen by the EPW officers will assist the detainee
6 representative. The supporting PSYOP unit can assist in
7 identifying officers, key communicators and English speaking EPW
8 who may be hiding within the internment facility population.
9
10 (4) In mixed internment facilities (officers and enlisted), one or more
11 enlisted advisors will be elected to assist the EPW officer
12 representative.
13
14 (5) The DFC will be designated as the final approval authority for each
15 elected detainee representative. When the DFC denies or
16 dismisses an elected representative, a notice to that effect will be
17 sent through channels to the NDRC for forwarding to the ICRC or
18 the PP. Reasons for the refusal will be included. EPW will then be
19 permitted to elect another representative.
20
21 (6) EPW representatives may appoint EPW assistants. These
22 assistants are in addition to the advisers provided for in (1) above.
23 The DFC will also approve the selection of such assistants and
24 their continuance in those positions.
25
26 (7) EPW representatives must be of the same nationality, observe the
27 same customs and speak the same language as the EPW they
28 represent. EPW interned in separate compounds due to differing
29 nationality, language or customs will be permitted to have their own
30 detainee representative according to (1) through (4) above. The
31 DFC will establish the local policy for an escort to accompany the
32 representative.
33
34 b. Duties of representatives.
35
36 (1) Representatives will be responsible for furthering the physical,
37 spiritual and intellectual well-being of the persons they represent.
38 They will not exercise any disciplinary powers. They will not
39 perform any other work if the work interferes with their duties as
40 representatives. They will be allowed a reasonable time to
41 acquaint their successors with their duties and related current
42 affairs.
43
44 (2) Representatives may be given the freedom of movement needed to
45 accomplish their duties, such as inspection of labor detachments
46 and receipt of supplies. Ordinarily, representatives will be
47 permitted to visit places where EPW whose interests they represent
48 are detained.
49
50 (3) Postal and telegraph facilities will be made available to detainee
51 representatives for communicating with U.S. military authorities;
52 PP, if any; the ICRC and its delegates; the Mixed Medical
53 Commission and other organizations authorized to assist EPW.
54
55 3-8. EPW social privileges.

35
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1
2 EPWs will be encouraged to take part in intellectual, educational and
3 recreational activities. Social privileges will be subject to security
4 considerations and internment facility discipline. The introduction of political
5 overtones into or the furtherance of anti-United States propaganda objectives
6 through these activities is prohibited.
7
8 3-9. Internment of EPW
9
10 EPW will be quartered under conditions as favorable as those for the force of
11 the Detaining Power billeted in the same area. The conditions will make
12 allowance for the habits and customs of the prisoners and will in no case be
13 prejudicial to their health. The forgoing will apply in particular to the
14 dormitories of EPW as it regards both total surface and minimum cubic space
15 and the general installation of bedding and blankets.
16
17 a. Quarters furnished to EPW must be protected from dampness, must be
18 adequately lit and heated (particularly between dusk and lights-out) and
19 must have adequate precautions taken against the dangers of fire.
20 When possible consult the preventive medicine authority in theater for
21 provisions of minimum living space and sanitary facilities.
22
23 b. In internment facilities accommodating both sexes, EPW will be
24 provided with separate facilities for women.
25
26 c. EPW who work may be given additional rations when required.
27
28 d. The use of tobacco will be permitted in designated smoking areas.
29
30 e. EPW will, as far as possible, be associated with the preparation of their
31 meals and may be employed for that purpose in the kitchens.
32 Furthermore, they will be given means of preparing additional food in
33 their possession. Food service handlers must have training in sanitary
34 methods of food service.
35
36 f. Adequate premises will be provided for EPW messing.
37
38 g. Collective disciplinary measures affecting food are prohibited.
39
40 h. Clothing, underwear and footwear will be supplied to EPW in sufficient
41 quantities and allowances will be made for the climate of the region
42 where the prisoners are detained. Outer clothing provided by the
43 Detaining Power will be treated to reduce the threat of disease.
44 Captured uniforms of enemy armed forces will, if suitable for the
45 climate, be made available to clothe EPW. The facility commander will
46 ensure the regular replacement and repair of the above articles. EPW
47 who work will receive clothing appropriate to the nature or location of
48 the work demands.
49
50 i. EPWs will be provided sundry/health and comfort packs, which may be
51 supplemented with items tailored to their cultural needs, as a temporary
52 substitute for establishing canteen operations. When directed by the
53 theater area Provost Marshal or senior Military Police officer in the
54 internment facilities' chain of command, canteens will be installed in all
55 internment facilities, where EPWs may procure foodstuffs, soap,

36
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PREDECISIONAL WORKING DRAFT/NOT FOR
IMPLEMENTATION
1 tobacco and ordinary articles in daily use. The tariff will never exceed
2 local market prices. When authorized, canteens will be operated in
3 accordance with the provisions of the DFAS-IN Regulation 37-1.
4
5 j. Procedures regarding EPWs payment for canteen purchases are
6 contained in DFAS-IN Regulation 37-1. Profits made by internment
7 facility canteens will be used for the benefit of the prisoners; a special
8 fund will be created for this purpose. The prisoners' representative may
9 make suggestions regarding the management of the canteen and of
10 this fund. When an internment facility is closed, the credit balance of the
11 special fund will be transferred to another U.S. internment facility
12 operating in theater. When all facilities are closed, funds will be turned
13 over to an international welfare organization. The fund will be employed
14 for the benefit of EPWs of the same nationalities as those who have
15 contributed to the fund. In case of a general repatriation, profits will be
16 kept by the United States.
17
18 3-10. EPW medical care.
19
20 a. Special facilities will be available for the care and rehabilitation of the
21 disabled, particularly the blind. EPW will be accorded the attention of
22 medical personnel of the power on which they depend and, if possible,
23 of their nationality. The detaining authorities will, upon request, issue to
24 every EPW who has undergone treatment, an official certificate
25 indicating the nature of the illness or injury and the duration and kind of
26 treatment received. The detaining authority will also ensure medical
27 personnel properly complete the DD Form 2808 (Report of Medical
28 Examination), SF 600 (Chronological Record of Medical Care) and DA
29 Form 3444 (Treatment Record). The cost of treatment will be borne by
30 the United States.
31
32 b. Medical inspections of EPW will be held at least once a month, where
33 each detainee will be weighed and the weight recorded in DRS. The
34 purpose of these inspections will be to monitor the general state of
35 health, nutrition and cleanliness of prisoners and to detect contagious
36 diseases, especially tuberculosis, venereal disease, lice, louse-borne
37 diseases and human immunodeficiency virus (HIV).
38
39 c. EPW who, though not attached to the medical service of the Armed
40 Forces, are physicians, surgeons, dentists, nurses or medical orderlies
41 may be required to exercise their medical functions in the interests of
42 prisoners of war dependent on the same power after being certified.
43 They will be classified as Retained Personnel. They will be exempted
44 from any other work.

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


46 Power
47
48 a. EPWs have the right to make complaints and requests to DFCs and the
49 ICRC/Protecting Powers regarding the conditions of their internment.
50 EPWs may not be punished for making complaints, even if those
51 complaints later prove unfounded. Complaints will be received in
52 confidence, as they might endanger the safety of other detainees.
53 Appropriate action, including segregation, will be taken to protect detainees

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1 when necessary. This policy also applies to persons who are confined
2 pending trial or as a result of trial. Upon notification of an ICRC/Protecting
3 Power visit, DFCs will notify the chain of command and the servicing legal
4 advisor of the date, time and general nature of the visit.
5
6 b. Detainees may take complaints or requests to the DFC.
7
8 c. Persons exercising the right to complain to the ICRC or Protecting Power
9 about their treatment and internment facility may do so:
10
11 (1) By mail.
12 (2) In person to the visiting representatives of the ICRC or Protecting
13 Power.
14 (3) Through their detainee representative.
15
16 d. Written complaints to the ICRC/Protecting Power will be forwarded promptly
17 to the NDRC. A separate letter with the DFC’s comments will be included.
18 Military endorsements will not be placed on a detainee’s communication.
19
20 e. Written communications from ICRC/Protecting Power to DFCs or any other
21 military or civilian official of the DOD at any level shall, within 24 hours, be
22 transmitted to the USD(P), with information copies to the Director, Joint
23 Staff; the Assistant Secretary of Defense for Public Affairs; the DOD
24 General Counsel; and the DOD Executive Secretary. ICRC reports
25 received by officials within a COCOM area of operation shall also be
26 transmitted simultaneously to the CCDR. A copy of the communication will
27 be provided to the NDRC for archive inclusion.
28
29 f. Any credible allegation or perceived violation of the law of war or detainee
30 abuse, will be immediately reported to USACIDC or other competent
31 investigative authority and reported to the CCDR and to HQDA as an SIR,
32 in accordance with AR 190-45-0. Once completed, a copy of the SIR will
33 be added to the detainee’s. Copies will be provided to the TDRC and
34 NDRC.
35
36 3-12. EPW correspondence
37
38 a. EPW will be allowed to send and receive letters and cards. There is no
39 restriction on the number or length of letters or cards EPW may receive.
40
41 b. EPW will be permitted to send at least two letters and four cards monthly, in
42 addition to the capture cards provided in Article 70, GPW. In the event
43 EPW are prevented from writing their monthly quota of letters and cards
44 because of a lack of stationery forms, they will be allowed to make up their
45 quotas when forms are available.
46
47 c. All EPW may address complaints, in writing to U.S. military authorities and
48 the Protecting Power. These communications will not be limited in length or
49 number, nor will they be charged against the person's correspondence
50 quota. They will be transmitted without delay.
51
52 d. Letters and cards addressed to persons other than representatives of a
53 Protecting Power or to U.S. military authorities will not:
54

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IMPLEMENTATION
1 (1) Contain complaints or criticism of any governmental agency or
2 official.
3 (2) Refer to events of capture.
4 (3) Compare internment facilities.
5 (4) Contain quotations from books or other writings.
6 (5) Contain numbers, ciphers, codes, music symbols, shorthand,
7 marks or signs other than those used for normal punctuation.
8 (6) Contain military information on numbers of EPW/RP. (Exceptions:
9 Letters to a Protecting Power or detainee representative or to a
10 relief or aid organization.)
11 (7) Should any such correspondence be discovered, it will be turned
12 over to the supporting counterintelligence element.
13
14 e. Correspondence forms.
15
16 (1) EPW will use DA Form 2667-R (Prisoner of War Mail (Letter)) and
17 DA Form 2668 (Prisoner of War (Post Card)) for correspondence,
18 except as authorized elsewhere in this regulation. Legal
19 documents may be written on blank paper instead of DA forms.
20 Detainee representatives may use ordinary paper in writing to:
21
22 (a) The PP.
23 (b) ICRC.
24 (c) Other approved relief or aid organizations.
25 (d) U.S. military authorities.
26
27 (2) Except for official correspondence by detainee representatives or
28 unless required by HQDA, duplicate copies are prohibited.
29
30 (3) DFC will ensure DA letter and card forms are distributed to
31 EPWs.
32
33 (4) Upon completion of DRS enrollment and ISN assignment, but not
34 later than one week after arrival at an internment facility for
35 processing, each EPW will be permitted to send a DA Form 2666-
36 R (Prisoner of War Notification of Address) to a relative or next of
37 kin.
38
39 f. Outgoing letters and cards will be sent unsealed directly from the
40 internment facility to the CDO's designated censorship element. All
41 incoming letters and cards that arrive at an internment facility without
42 having been censored will be sent to the designated censorship
43 element before delivery to addressees.
44 g.
45
46 Communication to the PP or the ICRC. Letters and cards not intended for
47 other addresses and not containing enclosure for other addresses will be
48 forwarded directly from the internment facility to the proper TDRC.
49
50
51 h. Letters and cards will be forwarded without undue delay in pouches
52 or in government envelopes.
53
54 (1) EPW may not write letters for others who are able to write. If an
55 EPW is unable to write, the DFC may permit another person to

39
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PREDECISIONAL WORKING DRAFT/NOT FOR
IMPLEMENTATION
1 write the message. The person doing the writing will countersign
2 the message.
3 (2) EPW legal documents may be enclosed with outgoing correspondence.
4 When it becomes necessary for a detainee to send a legal
5 document, the document and forwarding letter or card may be
6 enclosed in a plain envelope.
7 (3) EPWs will not send maps, sketches or drawings in outgoing
8 correspondence.
9
10 i. EPW will not be permitted to mail or receive registered, certified, insured or
11 Cash on Delivery (COD).
12
13 j. Letters and cards to or from EPW sent by ordinary mail are postage
14 free.
15
16 k. Outgoing letters and cards will be secured by using locked boxes or
17 similar means. Only authorized U.S. personnel will handle outgoing
18 mail. Incoming mail may be sorted by EPW when supervised by U.S.
19 personnel.
20
21 l. Censorship of EPW mail may be instituted by the CDO as follows:
22
23 (1) Outgoing letters and cards may be examined and read by the DFC
24 or designated representative. No censorship action of any kind will
25 be taken at the internment facility. The DFC will return outgoing
26 correspondences to the sender to rewrite any outgoing
27 correspondence containing obvious deviations from regulations. A
28 copy will be provided to the supporting counterintelligence element.
29 (2) DFCs will designate U.S. military personnel to supervise the
30 opening of all mail pouches containing incoming letters and cards
31 for detainees. These items will be carefully examined by the
32 named personnel before delivery to detainees.
33 (3) EPW wishing to make complaints concerning mail delivery must direct
34 those complaints to:
35
36 (a) The internment facility authorities
37 (b) The responsible major commander.
38 (c) The Protecting Power/ICRC.
39
40 m. Parcels.
41
42 (1) EPW may receive individual parcels and collective shipments
43 containing:
44
45 (a) Foodstuffs.
46 (b) Clothing.
47 (c) Medical supplies.
48 (d) Articles of a religious, educational or recreational nature.
49
50 (2) EPW will not be permitted to mail parcels (Article 16, 1974 Universal
51 Postal Convention).
52
53 (3) Parcels received for transferred persons will be forwarded immediately.
54

40
FOR OFFICIAL USE ONLY
PREDECISIONAL WORKING DRAFT/NOT FOR
IMPLEMENTATION
1 (4) Nonperishable articles received for EPWs who have died or escaped or
2 who have been repatriated, will be returned to the sender. Perishable
3 items received for deceased or escaped persons will be released to the
4 detainee representative who will deliver them to the internment facility
5 infirmary or hospital for the benefit of other EPWs.
6
7 (5) The contents of all incoming parcels will be examined at the internment
8 facility by a U.S. officer in the presence of the addressee or the named
9 representative. When considered necessary, the DFC may request that
10 the parcel be examined by the censors. Only the parcel contents will be
11 given to the EPW; wrappings and packaging material will not be turned
12 over to the EPW or the designated representative. Examination will be
13 close enough to reveal concealed articles and messages; however,
14 undue destruction of contents of parcels will be avoided.
15
16 n. EPWs may send and receive telegrams or other types of
17 communications as determined by the DFC. They may make, participate in
18 or receive telephone calls or other types of electronic communication under
19 policies developed by the DFC.
20
21 (1) At a minimum:
22
23 (a) An EPW who has not received mail from next of kin for three
24 months may send a telegram or other type of electronic
25 communication. One month from the date a previous telegram
26 or other type of electronic communication was sent, a detainee
27 who has not received a written answer or other communication
28 from the addressee may send another telegram or other type of
29 electronic communication.
30 (b) EPWs unable to receive mail from their next of kin or send mail
31 to them by ordinary postal routes or who are a great distance
32 from their home, will be permitted to send one telegram or other
33 type of electronic communication a month.
34 (c) EPWs who are seriously ill or who have received news of
35 serious illness or death in the family, may be permitted to send
36 a telegram or other type of electronic communication.
37 (d) The DFC may authorize the sending of additional telegrams or
38 other types of electronic communications.
39
40 (2) The sending of telegrams or other types of electronic communication as
41 provided for in (1) above will be governed by the following:
42
43 (a) The message proper will consist of not more than 15 words.
44 (b) The cost, if any, of sending the telegram or other type of
45 electronic communication will be debited to the person's
46 account.
47 (c) Arrangements for messages going to or through enemy-
48 occupied countries will be made with the ICRC Field Director.
49 (d) Telegrams or other types of electronic communication, as a
50 general rule, will be written in their native language.
51 (e) No telegram or other type of electronic communication will be
52 sent to a Government official or to a Protecting Power.
53 (f) Telegrams and other types of electronic communication are
54 subject to censorship.
55

41
FOR OFFICIAL USE ONLY
PREDECISIONAL WORKING DRAFT/NOT FOR
IMPLEMENTATION
1 o. EPW/RP may receive books. Books, including those in parcels of clothing
2 and foodstuffs, may be confiscated on order of the DFC until they have been
3 properly censored. Publications containing maps may be made available
4 provided they do not contain maps of the territory surrounding the internment
5 facilities.
6
7 p. The following may be made available to EPWs censoring and approval of DFC:
8
9 (1) Current newspapers and magazines published in the English language.
10 (2) Unmarked, unused magazines in the English language, published in the
11 United States and distributed by approved relief or aid.
12 (3) Foreign language newspapers and magazines published in the United
13 States.
14 (4) Newspapers and magazines published outside the United States,
15 regardless of language, must be approved by the CDO.
16
17 3-13. Discipline and security
18
19 Measures needed to maintain discipline and security will be established in
20 each facility and rigidly enforced. The DFC will maintain records of disciplinary
21 punishments. These records will be open to inspection by the Protecting
22 Power.
23
24 a. The following acts will not be permitted:
25
26 (1) Fraternization between EPW, RP and U.S. military or civilian
27 personnel. Fraternization is defined as improper or intimate
28 communications or actions between U.S. personnel
29 and EPW/RP.
30 (2) Donating or receiving gifts or engaging in any commercial activity
31 between EPW/RP and U.S. personnel.
32 (3) Setting up of courts by detainees. Disciplinary powers will not be
33 delegated to or exercised by EPW/RP. Punishment will not be
34 administered by EPW/RP.
35
36 b. The GPW, regulations orders, the contents of any special agreements and
37 notices on the conduct and activities of EPW/RP will be published in a
38 language the detainee understands. They will be posted in places within
39 each facility where the EPW/RP may read them and will be made available
40 to EPW/RP who do not have access to posted copies. Additional copies will
41 be given to the prisoner representatives. Every order and command will be
42 addressed to EPW/RP personally. The supporting PSYOP unit may assist
43 in providing necessary printed, loudspeaker or other audiovisual support in
44 communicating directly to EPW/RP. To protect persons from acts of
45 violence, bodily injury and threats of reprisals at the hands of fellow
46 EPW/RP, a copy of the following notice in the detainees’ language will be
47 posted in every compound:
48
49 NOTICE
50
51 EPW/RP who fear that their lives are in danger or that they may suffer physical
52 injury at the hands of other EPW/RP will immediately report the fact personally to
53 any U.S. Armed Forces Personnel of this facility without consulting the EPW/CI
54 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.
42 (Commanding Officer)
Signed
FOR OFFICIAL USE ONLY
PREDECISIONAL WORKING DRAFT/NOT FOR
IMPLEMENTATION
1
2
3
4
5
6
7
8 c. The following military courtesies are required of EPW:
9
10 (1) When the U.S. national anthem is played or ―To the Colors ― or
11 ―Retreat ― is sounded, EPW not in buildings will stand at attention
12 and face toward the music or colors.
13 (2) Besides the courtesies required in their own armies toward their
14 officers, enlisted EPW will salute all commissioned U.S. officers .
15 Officer EPW’s will be required to salute only officers of a higher
16 rank and the DFC regardless of rank.
17 (3) EPW may salute in the way prescribed by regulations in force in
18 their own armies.
19 (4) Other military courtesies will be rendered per AR 600-25 (Salutes,
20 Honors and Visits of Courtesy) and FM 3–21.5 (Drill and
21 Ceremonies).
22
23 d. U.S. military personnel will extend the following courtesies toward EPW:
24
25 (1) U.S. military personnel will not be required to salute EPW or
26 assume the position of attention when addressing them; however,
27 U.S. officers will return the salutes of EPW.
28 (2) When addressing senior officer EPW on official business, U.S.
29 military personnel will be courteous and extend the respect due
30 their rank.
31
32 e. Flags upon which an enemy political emblem or device appears will be
33 seized. EPW/RP will not have any political emblem, insignia, flag or picture
34 of political leaders. Badges of grade and nationality and decoration worn as
35 part of the uniform are permitted. EPW/RP may have pictures of political
36 leaders that appear in magazines, books and newspapers if the pictures are
37 not removed.
38
39 f. Security guidelines outlined below concern the custody and use of
40 EPW/RP.
41
42 (1) Guard work details. EPW on work details will be guarded as
43 required to provide security against escape. Selected EPW/RP may
44 be employed without guards in areas where military personnel are
45 on duty if:
46
47 (a) EPW/RP are under a U.S. work supervisor.
48 (b) Frequent counts of detainees and work inspections are
49 made at irregular intervals.
50
51 (2) Preventing escape. The DFC will ensure that each EPW/RP
52 understands the meaning of the English word ―halt‖. If EPW/RP
53 attempt to escape, the guard will shout ―halt‖ three times, thereafter
54 the guard will use the minimum amount of force necessary to halt

43
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PREDECISIONAL WORKING DRAFT/NOT FOR
IMPLEMENTATION
1 the EPW/RP. If there is no other effective means of preventing
2 escape, deadly force may be used.
3
4 (a) In an attempted escape from a fenced enclosure, a
5 prisoner will not be fired at if he has not cleared the last
6 physical barrier..
7
8 (b) If they do not halt after the third command to halt, EPW/RP
9 attempting to escape outside a fenced enclosure may be
10 fired upon if there is no other effective means of preventing
11 their escape.
12
13 (c) Per the Geneva conventions an EPW/RP will have
14 succeeded in escaping when he has:
15
16 1. Joined the armed forces of the power on which he
17 depends or those of an ally of that power.
18 2. Left the territory under U.S. control or control of
19 U.S. allied powers.
20 3. Joined a ship flying the flag of the power on which
21 he depends or of an ally of that power, in U.S.
22 territorial waters and the ship is not under U.S.
23 control.
24
25 (d) DFC will report an EPW/RP as escaped when he:
26
27 1. Cannot be accounted for during a scheduled or
28 unscheduled ISN headcount.
29 2. Cannot be accounted for following a special
30 headcount precipitated by evidence an escape has occurred.
31 3. Inpatient accountability is lost at a MTF or other
32 remote site that has duly been assigned accountability for him.
33
34 3-14. EPW Punitive Jurisdiction
35
36 a. Judicial Actions: EPW are subject to punishment under the Uniform Code
37 of Military Justice for violations of the law of war and other U.S. laws,
38 regulations and orders in force at the time of their detention.
39
40 (1) Judicial proceedings against EPW will be by courts-martial or by
41 civil courts. When EPW are tried by courts-martial, pretrial, trial and
42 post trial procedures will be according to the UCMJ and the U.S.
43 Manual for Courts-Martial. An EPW will not be tried by a civil court
44 for committing an offense unless a member of the Armed Forces of
45 the U.S. would be so tried.
46
47 (2) Accused persons will be notified promptly of the charges in writing,
48 in a language understood by the accused. EPW will be tried as
49 soon as possible, after notification. A notification of proceedings
50 against an EPW will be submitted to the NDRC three weeks prior to
51 scheduled proceedings. The NDRC will send such notification to
52 the Protecting Power, when applicable, in cases of charges
53 involving the death penalty or imprisonment for two years or more
54 so that representatives of the Protecting Power may attend the trial.

44
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1 The Protecting Power will also be notified if in the interest of
2 security, the trial will be conducted with the public excluded.
3
4 (3) Upon request, the Protecting Power will be furnished data on the
5 status of such proceedings. Furthermore, the Protecting Power will
6 be entitled, upon request, to be furnished with all data or any other
7 proceedings started against an EPW.
8
9 (4) Trial will not commence sooner than three weeks after the
10 Protecting Power has been notified. Unless evidence is submitted
11 at the opening of the trial that this regulation has been fully
12 complied with, the trial will not proceed. The following information
13 will be provided to the Protecting Power:
14
15 (a) Surname and first name
16 (b) Military grade, if applicable
17 (c) ISN
18 (d) Date of birth
19 (e) Profession, trade or prior civil capacity of the detainee.
20 (f) Place of internment or confinement.
21 (g) Specification of the charges with penal provisions under
22 which they are brought.
23 (h) Designation of the court that will hear the case.
24
25 (5) Verdicts and sentences, if applicable, will be announced publicly.
26 Convicted persons will be advised of their judicial and other
27 remedies and the time limits within which they may be exercised.
28
29 (6) Records of trials will be kept by the first General Court-Martial
30 Convening Authority (GCMCA) SJA office in the detention facility's
31 chain of command. These records will be open to inspection by
32 representatives of the Protecting Power.
33
34 (7) In each trial by court-martial, EPW will be entitled to assistance by
35 one of their EPW comrades, a qualified advocate or counsel of their
36 own choice and services of a competent interpreter, if needed. The
37 commander concerned will appoint a judge advocate to serve as
38 defense counsel in additional to any other counsel of the accused
39 EPW's choice. The commander concerned will notify the accused
40 EPW of these rights in ample time before the trial. If the accused
41 does not exercise the right to choose an advocate or counsel,
42 notice to that effect will be sent through the NDRC to the Protecting
43 Power to permit the Protecting Power to choose counsel. If the
44 accused and the Protecting Power fail to choose an advocate or
45 counsel, the accused will still be afforded the services of an
46 appointed judge advocate. The accused EPW must consent to the
47 service of the appointed advocate or counsel. If requested by the
48 accused detainee, the commander concerned will appoint an
49 interpreter to assist the accused person during the preliminary
50 hearing and the hearing in court. The interpreter must not be a trial
51 counsel, a defense counsel, an assistant to either, a witness or
52 have any bias or interest in the case. Accused persons have the
53 right to object to the interpreter appointed and to ask for a
54 replacement.
55

45
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PREDECISIONAL WORKING DRAFT/NOT FOR
IMPLEMENTATION
1
2 (8) A copy of the findings and the sentence, if applicable, will be
3 forwarded immediately to NDRC. A summary will be sent to the
4 detainee representative. Notice of the EPW decision to use or
5 waive the right of appeal to the Court of Appeals for the Armed
6 Forces, when review by that court is not mandatory, will also be
7 forwarded to HQDA (OPMG), NDRC, Washington, DC 20310-2800.
8 An EPW/RP waiver of the right to appeal will in no way affect or
9 change the requirement for, review by a supervisory authority, a
10 board of review or the U.S. Court of Military Appeals when such
11 review is required under the UCMJ. If the sentence adjudged is
12 death, one copy of the court-martial record of trial will be forwarded
13 to the NDRC. NDRC will send a copy of all trial results and findings
14 to the Protecting Power. The following information will be included:
15
16 (a) A precise wording of the approved finding and sentence.
17 (b) A summary report of the evidence, including any
18 preliminary investigation, elements of offenses and any
19 defense raised thereto.
20 (c) If applicable, the place where the EPW will serve
21 confinement.
22
23 (9) A sentence to confinement imposed on EPW will be served in the
24 same type of place and under the same conditions as in the case of
25 a member of the U.S. Armed Forces . EPW sentenced to U.S.
26 Disciplinary Barracks (USDB) or Federal penitentiaries will retain
27 their status as EPW/RP. The losing command and Commandant,
28 USDB will coordinate accountability requirements through the
29 NDRC prior to any transfer.
30
31 (10) Lists of all offense that are punishable by death under US laws will
32 be posted in all internment facilities. Duplicate lists will be given to
33 detainee representatives and the Protecting Power. Additional
34 offenses may not thereafter be made punishable by the death
35 penalty without the concurrence of the power on which the detainee
36 depends.
37
38 (11) An EPW can be sentenced to death only if the court has taken into
39 consideration, to the maximum extent possible, the fact that the
40 accused is not a U.S. citizen and is not bound to it by any duty or
41 allegiance and is in U.S. custody as a result of circumstances
42 beyond their own will or control.
43
44 (12) If the death sentence is pronounced, it will not be carried out until
45 six months have passed from the date the Protecting Power
46 received the U.S. notice of the judgment and sentence. OPMG will
47 monitor and acknowledge when the ICRC/Protecting Power has
48 received the notice permitting the execution of the sentence
49
50 b. Disciplinary Actions: When possible, disciplinary rather than judicial
51 measures will be taken for an offense, particularly when the offense is a
52 violation of facility discipline, rather than a violation of the UCMJ. DFC may
53 not delegate the authority to impose disciplinary measures below the Guard
54 Force Company Commander level. [On-the-spot corrections or brief
55 restrictions on liberty required for the maintenance of order and discipline

46
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PREDECISIONAL WORKING DRAFT/NOT FOR
IMPLEMENTATION
1 (as well as the safety of the guard force) are not considered disciplinary
2 actions.]
3
4 (1) The disciplinary measures below are authorized:
5
6 (a) Suspend or eliminate privileges granted over and above
7 the minimum privileges provided for in the GPW
8 (b) Confinement.
9 (c) A fine not to exceed one-half of the advance of pay and
10 working pay that the detainee would otherwise receive
11 during a period of not more than 30 days.
12 (d) Fatigue duties not exceeding two hours daily. This
13 punishment will not be applied to officers.
14
15 (2) EPW rights. Disciplinary proceedings may be conducted using
16 administrative board proceedings, following the minimum due
17 process standards of paragraph 2-5f. (3). If administrative board
18 proceedings are utilized:
19
20 (a) EPW will be given precise information regarding the
21 offenses for which they are accused before any disciplinary
22 punishment is pronounced.
23 (b) They will be given a chance to explain their conduct and to
24 defend themselves.
25 (c) They will be permitted to call witnesses and to have use of
26 a qualified interpreter, if necessary and reasonably
27 available.
28 (d) The board's decision will be announced to the EPW and to
29 the EPW's representative.
30
31 (3) A record of disciplinary punishments shall be maintained by the
32 DFC and shall be available for inspection by the Protecting Power.
33
34 3-15. Limitations on EPW Punishment
35
36 a. Collective punishment for individual acts, corporal punishment,
37 imprisonment in premises without sunlight and any form of torture or cruelty
38 are forbidden.
39
40 b. EPWs may not be deprived of their grade or prevented from wearing
41 insignia of grade and nationality.
42
43 c. No EPW will be handcuffed or tied, except to ensure safe custody or when
44 prescribed by a responsible medical officer as needed to control a medical
45 case requiring restraint.
46
47 d. No EPW may be punished more than once for the same act or sentenced to
48 any penalties except those authorized herein.
49
50 e. In no case will disciplinary punishments be inhumane, brutal or dangerous
51 to the person's health. EPW shall not be transferred to serve their
52 disciplinary punishment in a prison or penitentiary. The length of a single
53 disciplinary punishment will not exceed 30 days. Confinement served while
54 awaiting the hearing of a disciplinary offense or the award of disciplinary
55 punishment will be deducted from punishment awarded. No more than 30

47
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IMPLEMENTATION
1 days punishment may be prescribed even if a person is answerable for
2 several acts at the same time. This is true whether such acts are related or
3 not. The period between pronouncing an award of disciplinary punishment
4 and commencing punishment will not exceed 30 days.
5
6 f. When EPWs are awarded a further disciplinary punishment, a period of at
7 least three days will elapse between punishments if the length of one of the
8 punishments is ten days or more.
9
10 g. EPWs being judicially punished will not be subjected to more severe
11 treatment than that authorized for the same offense by members of the U.S.
12 Armed Forces of equal grade.
13
14 h. EPWs sentenced by a courts-martial or awarded disciplinary punishment
15 will not be treated differently from other detainees after their punishment is
16 complete.
17
18 3-16. Offenses and Warranted Punishments
19
20 a. EPW or RP who attempt to escape or escape the confines of the internment
21 facility, but who do not succeed in their escape, will be liable only to
22 disciplinary punishments for those escape acts. They will not be liable to
23 judicial proceedings, even if they are repeat offenders. Escapes or attempts
24 to escape, even if they are repeat offenses, will not be considered
25 aggravating circumstances if detainees are tried by judicial proceedings for
26 offenses committed during their escapes or attempts to escape.
27
28 b. Offenses, such as those against public property, theft without intention of
29 self-enrichment, drawing up or use of false papers or wearing of civilian
30 clothing, that are committed by detainees with the sole intent of making
31 their escape easier and that do not entail any violence against life or limb
32 will warrant disciplinary punishment only. Because of attempts to escape,
33 EPW may be subjected to close watch. The watch must not affect the state
34 of their health. The EPW watched must be in an internment facility. The
35 watch must not deprive them of the safeguards granted by the Geneva
36 Conventions. Persons who aid or abet an escape or an attempt to escape
37 will be liable on this count for disciplinary punishment only.
38
39 c. Offenses against discipline. EPW accused of an offense against disciplinary
40 measures will not be confined pending a hearing, unless members of the
41 Armed Forces of the United States would be confined if they were accused
42 of a similar offense or unless internment facility order and discipline would
43 be jeopardized. A period spent in confinement awaiting disposal of an
44 offense against disciplinary measures will be reduced to an absolute
45 minimum. It will not exceed 14 days.
46
47 d. Confinement. A pretrial investigation of an offense alleged to have been
48 committed by a detainee will be conducted as soon as circumstances
49 permit so that trial, if warranted, will take place as soon as possible. A
50 detainee will not be confined while awaiting trial unless a member of the
51 Armed Forces of the United States would be so confined if accused of a
52 similar offense or unless national security would be served. In no case will
53 this confinement exceed 3 months. A period spent in confinement while
54 awaiting trial will be deducted from a sentence of imprisonment. The period
55 will be taken into account in fixing a penalty.

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IMPLEMENTATION
1
2 3-17. Retention of Geneva Convention Benefits
3
4 Persons prosecuted for an act committed before capture will retain, even if
5 convicted, the protection of the Geneva Conventions. EPWs undergoing
6 confinement will:
7
8 a. Continue to enjoy the benefits of the GPW except when such benefits do
9 not apply because EPW are confined.
10
11 b. Be permitted to exercise their right to complain and to confer with visiting
12 representatives of the Protecting Power.
13
14 c. Not be deprived of the prerogatives attached to their grade.
15
16 d. Be allowed to exercise and to stay in the open air at least two hours daily.
17
18 e. Be given medical attention as prescribed in this regulation.
19
20 f. Be permitted to read and write and to send and receive letters and cards.
21 Parcels, however, may be withheld from them until the punishment is
22 completed. Such parcels will be released to the safekeeping of the EPW
23 representative. If perishable goods are contained in the parcels, the EPW
24 representative will give them to the internment facility infirmary or hospital to
25 distribute them fairly among the other EPW.
26
27 3-18. EPW Employment
28
29 a. To the extent possible, EPWs will be employed in work needed to construct,
30 administer, manage and maintain EPW internment facilities. EPWs will be
31 employed in other essential work permitted by this regulation only when
32 qualified civilian labor is not available. Essential work is work that must be
33 done, despite the availability of EPWs.
34
35 b. EPWs will be employed, as far as practical, doing work for which they are
36 qualified. The Dictionary of Occupational Titles, U.S. Government Printing
37 Office, Washington, DC, will be used as a guide in deciding the
38 qualifications of each EPW.
39
40 c. In assigning EPWs to details requiring special training and skills, the
41 following qualification will be considered:
42
43 (1) Technical skills.
44 (2) Aptitudes.
45 (3) Past work records.
46 (4) On-the-job training.
47
48 d. EPWs capable of performing skilled and semi skilled work should be
49 employed on essential work. Persons on work details that require special
50 training or skill will remain as constant as practical. When it is necessary to
51 substitute an EPW in such a detail, the using agency will be notified.
52

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IMPLEMENTATION
1 e. EPW labor, external to DOD, is regulated by contract. When authorized by
2 theater directives, EPW, RP may be given advance pay. Procedures for
3 administering this advance pay are set forth in DFAS-IN Regulation 37-1.
4
5 3-19. Restricted EPW employment
6
7 a. EPWs will not be employed in positions that require or permit them:
8
9 (1) Access to classified defense information or records of other
10 personnel.
11 (2) Access to telephone or other communication systems.
12 (3) Authority to command or instruct U.S. personnel.
13
14 b. Besides work connected with facility administration, installation or
15 maintenance, prisoners of war may be compelled to do only such work as is
16 included in the following classes:
17
18 (1) Agriculture.
19 (2) Industries connected with the production or the extraction of raw
20 materials and manufacturing industries, with the exception of
21 metallurgical, machinery and chemical industries; public works and
22 building operations which have no military character or purpose;
23 (3) Transport and handling of stores which are not military in character
24 or purpose;
25 (4) Commercial business and arts and crafts;
26 (5) Domestic service.
27 (6) Public utility services having no military character or purpose.
28
29 3-20. Liability to perform labor
30
31 a. EPW will be required to perform any and all work consistent with their grade
32 and status as follows:
33
34 (1) Officer EPW. Officer EPW will not be required to work. Officer
35 EPW, however, may make a written request for work. The DFC will
36 provide such work, if feasible. Officer EPW may, at any time,
37 revoke a voluntary request for work. Officer EPW are required to
38 maintain their personal areas, equipment and other items/areas in a
39 manner that promotes good health and personal hygiene.
40
41 (2) Noncommissioned officer (NCO) EPW. NCO EPW will be required
42 to do supervisory work only. NCO EPW, however, may make a
43 written request for work other than supervisory work. NCO EPW
44 may, at any time, revoke a voluntary request for work other than
45 supervisory work.
46
47 (3) Junior enlisted EPW. Junior enlisted EPW will be required to do any
48 and all work consistent with this regulation.
49
50 b. Fitness of EPW for labor will be verified at least once a month by medical
51 examination. An attending medical officer will classify the level of physical
52 fitness EPW can perform for work as follows: heavy work, light work and no
53 work. Lists of these individual labor levels of EPW will be posted in each

50
FOR OFFICIAL USE ONLY
PREDECISIONAL WORKING DRAFT/NOT FOR
IMPLEMENTATION
1 EPW internment facility. If physical conditions permit, each EPW will
2 perform labor as directed by the DFC.
3
4 3-21. Authorized work
5
6 a. Levels of work for which each EPW are authorized and may be compelled
7 to perform are categorized as follows:
8
9 b. Restricted work. EPW may be compelled to perform the following types of
10 work, if not of a military nature or purpose.
11
12 (1) Public works and building operations. The primary factor in deciding
13 whether EPW may be employed is the nature of the construction
14 being undertaken. If the construction is purely military in nature,
15 each EPW may not be compelled to engage in such work. If the
16 construction is not purely military in nature, the purpose for which
17 the structure is to be used is the deciding factor. If the completed
18 construction is intended to be used primarily by units engaged in or
19 in direct support of, military operations against the enemy, EPWs
20 may not be compelled to work on the project.
21
22 (2) Transporting and handling stores. The first consideration is the
23 nature of the property being handled. If the stores are military in
24 nature, EPWs may not be compelled to transport or handle them. If
25 the items are not military in nature, then their purpose is the
26 deciding factor. EPWs may not be required to transport or handle
27 stores specifically consigned to units engaged in military
28 operations. EPWs may, however, be required to handle stores
29 when handling is incidental to the performance of authorized types
30 of work. For example, work in a military mess may be classified as
31 domestic service. Handling of rations by EPWs in connection with
32 domestic service may be required.
33
34 (3) Public utility services. Construction, repair or maintenance of water,
35 sewage, drainage, gas or electrical facilities are not of an inherent
36 military nature. The purpose of these services is the deciding factor
37 as to whether or not EPWs may be compelled to engage in such
38 activities. Such services may be intended primarily or exclusively
39 for the benefit of units engaged in or directly supporting, operations
40 against the enemy. If so, EPWs may not be required to perform
41 these services. On the other hand, services intended primarily or
42 exclusively for other purposes represent work that EPWs may be
43 compelled to perform.
44
45 (4) Non restricted work. EPWs may be compelled to perform types of
46 work listed below having no direct military purpose:
47
48 (a) Construction, administration, management and
49 maintenance of EPW internment facilities.
50 (b) Agriculture.
51 (c) Manufacturing industries, with the exception of
52 metallurgical, machinery and chemical industries.
53 (d) Commercial business and arts and crafts.
54 (e) Domestic service, including clothing repair shop, laundry,
55 bakery or mess hall.

51
FOR OFFICIAL USE ONLY
PREDECISIONAL WORKING DRAFT/NOT FOR
IMPLEMENTATION
1
2 3-22. Unauthorized work
3
4 Unhealthy or dangerous work - EPWs may not be employed in any job
5 considered injurious to health or dangerous because of the inherent nature of
6 the work, the conditions under which it is performed or the person's physical
7 unfitness or lack of technical skill. A specific task should be considered, not the
8 industry as a whole. The specific conditions for each job are the deciding
9 factors. For example, an otherwise dangerous task may be rendered safe by
10 the use of safety equipment. Likewise, an otherwise safe job may be dangerous
11 because of the circumstances under which the work is required to be done.
12 Similarly, dangerous work may be safe for those whose training and
13 experiences have made them adept at it. EPWs will not be employed in tasks
14 requiring:
15
16 a. Exertion beyond physical capacity.
17
18 b. Use of inherently dangerous mechanisms or materials such as:
19
20 (1) Explosives or mine removal.
21 (2) Mechanisms that are dangerous because the person is unskilled in
22 their use.
23
24 c. Climbing to dangerous heights or exposure to risk of injury from falling
25 objects under motion and not under full control.
26
27 3-23. Humiliating work
28
29 No person will be assigned labor that is humiliating or degrading. This
30 prohibition does not prevent EPW from doing ordinary and frequently
31 unpleasant tasks such as maintaining sanitation facilities, ditch digging and
32 manual labor in agriculture.
33
34 3-24. Other specifically prohibited work
35
36 Certain occupations or types of work are prohibited for safety, security or other
37 reasons. EPW will not be:
38
39 a. Permitted to work in an area where they may be exposed to combat zone
40 fire.
41
42 b. Employed as personal servants to members of the Armed Forces of the
43 United States.
44
45 c. Employed to serve food or beverages in officers' messes or similar
46 establishments.
47
48 d. Permitted to work inside correctional facility walls or near inmates.
49
50 3-25. Questionable work
51
52 In case of doubt as to whether certain work is authorized, the next higher HQ
53 SJA will review the proposed tasks. The purpose of the review will be to ensure
54 consistency with this regulation and the law of war. The SJA will provide

52
FOR OFFICIAL USE ONLY
PREDECISIONAL WORKING DRAFT/NOT FOR
IMPLEMENTATION
1 recommendations in writing to the DFC. A copy will be forwarded to the CCDR
2 and HQDA (DAJA-IO), Washington, DC 20310-2200.
3

53
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PREDECISIONAL WORKING DRAFT/NOT FOR
IMPLEMENTATION
1 3-26. Decisions on work conditions and safeguards.
2
3 Commanders will employ composite risk management doctrine to determine
4 safe working conditions. They will take into account the guidance set forth in
5 this regulation. Commanders, assisted by informed advice, will ensure a risk or
6 job hazard analysis is complete. Data will include the opinion of the SJA.
7 Preliminary job training will be given when necessary and protective clothing
8 and accessories will be provided as required (for example, hard-toed shoes,
9 goggles and gloves). Such safety devices will be equal to safeguards provided
10 for civilian labor. Commanders will make periodic inspections to ensure
11 satisfactory conditions and safeguards are maintained at all times in
12 accordance with Army policy outlined in Army Regulation 385-10, The Army
13 Safety Program.
14
15 3-27. Referrals to the Office of the Provost Marshal General
16
17 a. When substantial doubt exists as to whether or not a type of work is
18 permissible according to this regulation, a request to OPMG for specific
19 instructions will be made through channels by the most expeditious means.
20
21 b. Each question forwarded will be accompanied by a statement as to:
22
23 (1) Type and place of work.
24 (2) Tasks to be performed.
25 (3) Number of EPW to be employed.
26 (4) Other facts having a direct bearing on the employment.
27
28 3-28. Length of workday
29
30 a. The length of the workday for EPW, including the time for travel will not
31 exceed that permitted for civilians in the locale who are employed in the
32 same general type of work. The working period may be extended but will
33 not be considered excessive because EPWs are laboring under a task
34 system. EPW contracts will contain specific terms on the hours of
35 employment.
36
37 b. Except as provided in subparagraph (c) below, EPW will not be required to
38 work more than ten hours in one day exclusive of a one-hour lunch and rest
39 period. They will not be kept out of the internment facility for more than
40 twelve consecutive hours, including travel time. Rest cycles which
41 approximate the average daily work schedule of the Detaining Power will be
42 monitored and followed.
43
44 c. EPW may be required to work any number of hours for the efficient
45 operation of the EPW compound messes. EPW are responsible for
46 preparing food within these messes.
47
48 3-29. Rest periods
49
50 a. Day of rest. Each EPW will be allowed a rest period of 24 consecutive
51 hours every week. These hours will preferably be on Sunday or on the day
52 of rest in the detainee's country of origin or as established by his religious
53 affiliation.
54

54
FOR OFFICIAL USE ONLY
PREDECISIONAL WORKING DRAFT/NOT FOR
IMPLEMENTATION
1 b. Annual. Each EPW who has worked for one full year will be given a rest of
2 eight consecutive days during which the United States will give working pay
3 to the EPW.
4
5 3-30. Responsibility for work supervision
6
7 The EPW DFC will:
8
9 a. Determine, as far as practical, the adequacy of the technical supervision
10 provided by the using agency.
11
12 b. Report inadequately supervised details to the using agency.
13
14 c. Refuse to continue details on contract work unless adequate work
15 supervision is provided.
16
17 3-31. EPW work detail leaders and interpreters
18
19 EPW DFCs are authorized to use selected EPW as work detail leaders and
20 interpreters. The time of work detail leaders and interpreters will be included in
21 labor reports under the same project work classification as their details.
22
23 3-32. Task system
24
25 The task system will be used when it is possible to predetermine the amount
26 of finished work that an EPW or group of EPW, can reasonably be expected to
27 complete in a specific period of time. The task system consists of:
28 a. Decision on daily tasks. The DFC will decide the reasonable amount of
29 completed work to be required of each EPW or group of EPW during a
30 day.
31
32 b. Notice to EPW. EPW will be informed of the adoption of the task system
33 before it is put into effect. Each EPW or group of EPW, depending upon
34 whether separate or group tasks are assigned, will be informed of the
35 amount of completed work required each day.
36
37 c. Incentives. As an incentive, EPW who have completed the required
38 amount of work in less than normal time may be returned to quarters.
39
40 d. Enforcing the task systems. The DFC may take disciplinary action against
41 physically qualified EPW who habitually fail to complete the assigned
42 tasks.
43
44 3-33. Paid work
45
46 EPW will be compensated for performing work for which pay is authorized.
47 The rate of such pay will be not less than as prescribed in Article 62, GPW.
48 Compensation for all such work will be made as authorized from U.S. Army
49 appropriated funds, canteen funds or internment facility EPW funds. Types of
50 paid work for which compensation is authorized are:
51
52 a. Labor performed for a contract employer or for a federal agency.
53
54 b. Services as orderlies and cooks for officer EPWs.

55
FOR OFFICIAL USE ONLY
PREDECISIONAL WORKING DRAFT/NOT FOR
IMPLEMENTATION
1
2 c. Services to construct, administer, manage and maintain EPW internment
3 facilities and hospitals, when such services are performed by EPW
4 permanently assigned to certain duties or occupations.
5
6 d. RP performing medical or clerical duties.
7
8 e. Spiritual or medical duties required to be performed by EPW for fellow
9 EPW in lieu of RP.
10
11 f. Service as EPW representative or assistant. Such persons will be paid
12 from the internment facility EPW fund. If no such fund exists, they will be
13 paid the prescribed rate of pay from U.S. Army appropriated funds.
14
15 g. Work as detail leaders or interpreters.
16
17 3-34. Restriction on paid work
18
19 a. Mess personnel. The number of EPW cooks and assistant cooks who will
20 be paid for work in internment facility messes will in no case exceed the
21 total number authorized for Army enlisted messes of the same or similar
22 size.
23
24 b. Fatigue details. Kitchen police, latrine orderlies and other fatigue details
25 will normally be provided by rotating enlisted EPW. Each EPW assigned to
26 these details will not be paid from Government canteen or internment
27 facility EPW funds. Assignment of persons to such details by rotation on a
28 duty roster may interfere with the work program. If so, the DFC may
29 assign those duties to EPW who volunteer and whose skills or training are
30 not essential for other work details. In such cases, EPW assigned may be
31 paid the authorized daily rate from canteen credits contributed by all EPW.
32 Payment will be under supervision of the DFC.
33
34 c. Gardening work.
35
36 (1) To the extent practical, EPW will be required to raise their own
37 vegetables. This work will be classified as paid work.
38 (2) The produce from gardens operated with EPW labor will be U.S.
39 property. It will be used for the benefit of EPW and Armed Forces of
40 the U.S. personnel. It should not be sold or traded in civilian markets.
41
42 3-35. Rates for paid work
43
44 EPW employed for paid work will be compensated at a rate to be specified, on
45 either piecework or by the workday, as provided below:
46
47 a. Piecework rates. Piecework rates will be used in compensating EPW
48 when the work performed is for a contract employer or a Federal agency
49 other than DOD.
50
51 b. Working rates. Working rates will be used for compensating all other paid
52 work (other than contract work) as follows:
53

56
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PREDECISIONAL WORKING DRAFT/NOT FOR
IMPLEMENTATION
1 (1) EPW of all grades, whether acting in a supervisory capacity or
2 otherwise, will be compensated at the authorized daily rate per full
3 workday.
4 (2) EPW laboring less than the full workday will be compensated in
5 proportion to the number of hours worked, except when working under
6 a task system and having completed the required task, EPW working
7 under a task system will be paid only for the completed parts of the
8 task despite the number of hours worked.
9 (3) The U.S. work supervisor may decide that an EPW who is not under a
10 task system is producing less than should be produced in a full
11 workday. If so, the EPW will be compensated at a rate proportionately
12 lower than the authorized daily rate. Such a decision must be
13 approved by the DFC.
14
15 3-36. Days of paid work per month
16
17 The maximum number of days of paid work for EPWs will be limited to the
18 number of workdays in a calendar month. The total workdays in a calendar
19 month include the total number of days minus the required weekly day of rest
20 and minus any holiday specifically authorized by the CCDR.
21
22 3-37. Unpaid work
23
24 EPW will not be paid for those services connected with administering and
25 maintaining EPW internment facilities and hospitals when such services are
26 performed on a daily rotation or other temporary basis. Unpaid work, in all
27 cases, will include:
28
29 a. Kitchen police.
30
31 b. Latrine orderlies.
32
33 c. Ground police.
34
35 d. Other routine fatigue details of the types normally assigned and performed
36 equitably and temporarily by persons in U.S. Army units.
37
38
39
40
41 3-38. Sale of articles and repair services
42
43 The canteen officer may sell articles made to order for or repair services
44 performed for, U.S. personnel by EPW. This sale is subject to the following
45 provisions:
46
47 a. Articles will be manufactured or repair services will be performed only
48 during the spare time of EPW.
49
50 b. No expense to the United States will be incurred for equipment, materials
51 or labor.
52

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IMPLEMENTATION
1 c. Repair work or the making of articles to order for U.S. personnel will be
2 prohibited unless an order for the work is placed through the EPW
3 canteen.
4
5 d. The canteen officer will fix the price of each article or repair service. The
6 price will reasonably conform to prices for similar articles or services in the
7 civilian market, less the cost of any material supplied by the customer.
8
9 e. The canteen officer and the DFC will enter into a blanket contract. Under
10 this contract, the canteen officer will pay to the DFC amounts derived from
11 the sale of articles made to order for and repair service performed for,
12 U.S. personnel, less a handling charge by the canteen of not more than
13 ten percent. The canteen officer will submit a voucher monthly to the
14 DFC. The voucher will list:
15
16 (1) The individual sales and services performed during the month.
17 (2) The price charged for each.
18 (3) The deductions made for handling charges.
19
20 f. The DFC will deposit the amount derived from the sale of articles made to
21 order for or repair services performed for, U.S. personnel with the U.S.
22 Treasurer. Procedures for these transactions are prescribed in DFAS-IN
23 Regulation 37-1. The EPW will be paid an hourly rate. The rate will not
24 exceed the authorized daily rate for paid work for the services performed.
25 However, in no case will the amount paid to the EPW exceed the price of
26 the article or repair service fixed under subparagraph d above. Amounts
27 will be subject to deductions provided for in this regulation. Any residual
28 money will be disbursed by the EPW internment facility counsel for use by
29 internment facility EPWs. This disbursement must be approved by the
30 DFC.
31
32 3-39. Disability compensation
33
34 a. EPW may be injured or suffer a disability while working under
35 circumstances that may be attributed to work. If so, DA Form 2675-R
36 (Certificate of Work Incurred Injury or Disability) will be. The original will be
37 given to the EPW; copies will be provided to the TDRC to be sent to the
38 NDRC; and two copies will be placed in the EPW personnel file.
39
40 b. A claim by the EPW for compensation for work-incurred injury or disability
41 will be forwarded to the TDRC and NDRC. The TDRC will send the claim
42 to the Power on which the EPW depends for settlement. A copy of the
43 completed DA Form 2675-R will be attached to the claim.
44
45 3-40. Operation of government vehicles
46
47 EPWs may be licensed to operate Government motor vehicles according to
48 AR 600-55.
49
50 3-41. Rules and procedures
51
52 Rules and procedures governing the military and contract employment of EPW
53 will be according to the most current contract laws, procedures and guidelines
54 and comply with the provisions of the Geneva Convention. All requests for the

58
FOR OFFICIAL USE ONLY
PREDECISIONAL WORKING DRAFT/NOT FOR
IMPLEMENTATION
1 contracting of EPW will be forwarded promptly through channels to the CCDR
2 and be coordinated with HQDA, OPMG and DAJA.
3
4 3-42. Personal effects
5
6 a. All personal effects, including money and other valuables, will be
7 safeguarded and accounted for on a DA Form 4137 (Evidence/Personal
8 Property Custody Document).
9
10 b. DA Form 4137 is the principle property accountability document used in
11 detainee operations. In order to ensure legally submissible chain of
12 custody accountability the original form, completed by the capturing unit,
13 must always be forwarded to the gaining unit. The original form shall
14 contain all original, ink signatures from each custodian indicating start and
15 stop dates for accountability. Losing units may maintain copies. It assigns
16 pecuniary responsibility to property custodians. DA Form 4137 will be
17 used in accordance with AR 195-5, Evidence Procedures. The DA Form
18 4137 will be transcribed into DRS when an ISN is assigned.
19 (1) The original DA Form 4137 shall be kept in the property room
20 with the property.
21 (2) A copy of the DA Form 4137 will be placed in the detainees
22 record.
23 (3) All changes in property disposition, location or custodial
24 responsibility MUST BE ANNOTATED ON THE ORIGINAL
25 FORM.
26
27 c. The personal effects that EPW are allowed to retain, but are taken from
28 them temporarily for intelligence purposes, will be receipted for and
29 returned as soon as practical. Any national identification card, DA Form
30 2677 or detainee identification bracelet (created by DRS) will not be taken
31 from the EPW at any time.
32
33 d. Any claim by an EPW for compensation for personal effects, money or
34 valuables stored or impounded by the United States and not returned upon
35 repatriation or any loss alleged to be the fault of the United States or its
36 agents will be referred to the country to which the EPW owes allegiance.
37 In all cases, DFCs will provide the EPW with a statement, signed by an
38 officer, describing the property not returned and the reason. A copy of this
39 statement will be placed in the EPW’s record.
40 (1) The DFC may direct the destruction of EPW property for health
41 and welfare issues. A policy stating what items will be destroyed
42 and why they are being destroyed will be posted throughout the
43 facility and a copy will be provided to the EPW if requested.
44 EPW are not entitled to compensation for destroyed items that
45 are a threat to health and welfare, or imperil the living.
46 (2) Destroyed property will be properly annotated on the original DA
47 Form 4137.
48
49 e. An inventory of personal effects that have been impounded will be entered
50 on DA Form 4137 and the DRS where available.
51
52 f. The DFC where the EPW is interned will be responsible for storing and
53 safekeeping impounded personal effects. Such property will be marked or
54 otherwise identified with the ISN and securely bound or packaged. Upon
55 transfer, the EPW's impounded property, with the original DA Form 4137

59
FOR OFFICIAL USE ONLY
PREDECISIONAL WORKING DRAFT/NOT FOR
IMPLEMENTATION
1 will be delivered to the receiving facility. Losing and gaining property
2 custodians will properly annotate the transfer of responsibility on the
3 original DA Form 4137. The sending custodian will place a copy of the DA
4 Form 4137 showing disposition in the inactive DA Form 4137 file.
5
6 g. Money found in the possession of the EPW will be handled according to
7 DFAS-IN Regulation 37-1.
8
9 h. Items of intelligence interest will be brought to the attention of military
10 intelligence personnel immediately and receipted to them on the original
11 DA Form 4137. All items signed out on a DA Form 4137 will be returned to
12 the property room once military intelligence has completed their review of
13 it. A copy of the DA Form 4137 will accompany the property.
14
15 i. Personal property left by a EPW who has been released, died or is in
16 escaped status in excess of 30 days, will be forwarded to the TDRC with
17 the original DA Form 4137. The TDRC will contact the ICRC or PP to
18 return property to the next of kin.
19
20
21 j. Personal property refused by the EPW and left at the facility after a EPW is
22 released or repatriated:
23 (1) Personal property of no value will be destroyed by the property
24 room custodian and annotated on the original DA Form 4137.
25 (2) Personal property of value or sentimental value will be
26 forwarded to the TDRC along with the original DA Form 4137.
27 The TDRC will contact the ICRC or PP to return property to the
28 next of kin.
29 (3) Property unable to be returned to next of kin will be retained
30 and stored by the TDRC until final disposition is received from
31 the NDRC.
32 i. After final disposition of all property is completed the original DA Form
33 4137 will be added to the EPW’s detention record.
34
35 3-43. Transfer of prisoners of war
36
37 a. General. Permanent transfer of EPW in the custody of the U.S.
38 forces to the host nation or other allied forces requires approval of
39 the Secretary of Defense (SecDef). The permanent transfer of EPW
40 to foreign national control will be governed by bilateral national
41 agreement and in accordance with subparagraph b below following
42 SecDef approval. Temporary transfer of EPW/RP to accommodate
43 surges in prisoner population beyond the immediate capability of
44 U.S. forces to manage is authorized. CDOs will develop measures
45 to ensure accountability and humane treatment of prisoners so
46 transferred.
47
48 b. EPW/RP may only be transferred from the custody of the United
49 States to other GPW signatory powers and only after a
50 representative of the United States has visited the Power's
51 internment facilities and is satisfied that the Power is willing and able
52 to apply the GPW. EPW/RP transfers should not increase the
53 difficulty of repatriation. Prisoners of war during transfer will have
54 sufficient food and drinking water to keep them in good health and

60
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IMPLEMENTATION
1 will be provided adequate clothing, shelter and medical attention.
2 Precautions will be taken, especially in case of transport by sea or by
3 air, to ensure their safety during transfer. When transferring
4 EPW/RP with active ISN, DRS generated manifests/transfer orders
5 will be used as the authenticating accountability documents. DD
6 Form 2708, Receipt for Inmate or Detained Person, will not be used
7 to document transfers that reassign accountability, as reported on
8 DA Form 2674, Detainee Strength Report.
9
10 c. The TDRC and NDRC will be notified immediately by the DFC of any
11 EPW or RP transferred.
12
13 d. Transfer within the territory of the Detaining Power will always be
14 carried out humanely and in conditions no less favorable than those
15 enjoyed by the troops of the Detaining Power during their
16 movements. If EPW/RP are transferred on foot, only those who are
17 fit to walk may be so transferred. The EPW/RP will not be
18 exposed to excessive fatigue during transfer by foot.
19
20 e. Transfer of Injured, Sick or Wounded EPW:
21 (1) If the EPW requires prolonged hospitalization or specialized
22 treatment, including surgery that is not available locally and the
23 transfer is recommended by a medical officer after an
24 examination of the EPW.
25
26 (2) If the EPW/RP is sick, wounded, pregnant or infirmed they will be
27 evacuated through U.S. military medical channels and will
28 remain in medical channels until they are certified fit for normal
29 internment by competent medical authorities.
30
31 (3) Transfer of physically disabled, insane, or mentally incompetent
32 in a theater of operations will be according to procedures set up
33 by the CCDR.
34
35 (4) Wounded and sick EPW and RP will not be transferred as long
36 as their recovery may be endangered by the journey, unless their
37 safety demands it.
38
39 (5) EPW and RP transferred between EPW facilities and hospitals
40 will be receipted for on a DA Form 2708. When EPW and RP are
41 transferred to hospitals outside the jurisdiction of the detention
42 facility, the medical treatment facility commander is required to
43 submit a DA Form 2674 daily to the TDRC.
44
45 (6) When EPW no longer require hospital care, they will be returned
46 to the command from which transferred or to a detention facility
47 within the receiving command. A DA Form 2708 will be used to
48 document the transfer
49
50 f. Necessary clothing, adequate shelter and medical attention will be
51 made available.
52
53 g. Suitable precautions will be taken to prevent EPW and RP, from
54 escaping and to ensure their safety.
55

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IMPLEMENTATION
1 h. The EPW and RP will be permitted to take with them their personal
2 effects and property. The weight of their baggage may be limited if
3 the conditions of transfer so require, but in no case will it be limited to
4 less than 55 pounds per EPW/RP. EPW/RP who have been serving
5 as chaplains or clergymen during their internment will be permitted to
6 transfer, at Government expense, an additional 110 pounds to take
7 other religious materials with them. The personal property that the
8 EPW and RP are unable to carry will be forwarded separately.
9
10 i. The mail and parcels addressed to EPW and RP who have been
11 transferred will be forwarded to them without delay.
12
13 k. When EPW and RP are to be transferred, they will be notified of their
14 new postal addresses as soon as possible. Notice will be given in
15 time to pack and tag their luggage.
16
17 l. EPW and RP will not be confined in a jail or other correctional
18 institution during transfer except in an emergency. They will be
19 confined only in such fashion while the circumstances that
20 necessitate the measures continue to exist.
21
22 m. Receipt of transferred EPW/RP.
23
24 (1) EPW and RP will not be accepted for detainment or transfer to
25 U.S. Military control from other nations without prior approval from
26 the theater commander. EPW and RP received by transfer from an
27 allied nation will be properly receipted for on a DA Form 2708. The
28 receipt will indicate the place and date the United States assumed
29 custody and the name, grade, foreign ISN, and nationality of each
30 transferred EPW and RP. The original will be placed in the EPW/RP
31 detention record and a copy will be given to the allied nation. The
32 EPW/RP’s will then be processed into U.S. Armed Forces custody
33 using DRS or a DA Form 4237-R. EPW/RP that have been issued a
34 foreign ISN will also be issued a U.S. ISN. The foreign ISN will be
35 inputted into the DRS record.
36
37
38 (2) The use of the DRS ―receipt for detainee or detained person‖
39 is mandatory for all ISN transfers. The receipt will provide the ISN
40 and name of each EPW/RP. The receipt with original signatures will
41 be kept by the losing facilities DSB and will be transferred to the
42 TDRC when the facility closes.
43 n. When EPW are moved to a port of debarkation from an interior
44 point, the CCDR will provide for:
45
46 (1) Transportation of the EPW up to and including their departure
47 from the port.
48 (2) Care and security of the EPW, their baggage, monies, other
49 valuables and records until their custody is assumed by another
50 CCDR.
51
52
53 o. The transfer of physically disabled, insane, mentally incompetent or
54 wounded EPW/RP in a theater of operations will be according to
55 procedures set up by the CCDR.

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IMPLEMENTATION
1
2 q. When a railroad car other than an U.S. Military-owned or operated
3 hospital car is used to transfer EPW or RP patients, Red Cross signs
4 will be placed on the inside of the middle window of each side of the
5 car and on the inside of each door window of the car. These signs
6 will be made of white paper or cardboard with a large red cross in the
7 center of the sign. The word "hospital" will be placed above and the
8 word "car" below the red cross, in black letters. When EPW/RP
9 patients are transferred in a compartment, drawing room, bedroom
10 or roomette, a sign as described above, with the exception of the
11 word "car," in proportionate dimensions will be placed on the outside
12 of the door of the compartment, drawing room, bedroom or roomette.
13
14
15
16 3-44. Repatriation of sick and wounded EPW/RP
17
18 a. Repatriation or accommodation of sick or wounded EPW/RPs in a neutral
19 country during hostilities will be evaluated using the following procedures.
20
21 (1) Sick and wounded prisoners will not be repatriated against their
22 will during hostilities.
23 (2) Procedures for a Mixed Medical Commission (MMC) will be
24 established by HQDA, according to this regulation. The purpose of
25 the MMC will be to determine cases eligible for repatriation. The
26 MMC will be composed of three members. Two of the members,
27 appointed by the ICRC and approved by the parties to the conflict,
28 will be from a neutral country. As far as possible, one of the neutral
29 members will be a surgeon and the other a physician. The third
30 member will be a medical officer selected by the CCDR. One of the
31 members from the neutral country will act as chairperson.
32
33 b. If for any reason the use of neutral doctors cannot be arranged for by the
34 ICRC, the United States, acting in agreement with the Protecting Power
35 concerned, will establish a Medical Commission. This Commission will
36 perform the duties of a MMC.
37
38 c. The MMC will:
39
40 (1) Examine EPW and RP identified in (h) below.
41
42 (2) Inspect clinical records pertaining to these EPW and RP.
43
44 (3) Determine those cases eligible for repatriation or
45 hospitalization in a neutral country.
46
47 d. Decisions made by the MMC will be a majority vote and cannot be
48 changed to the detriment of the EPW and RP examined, except upon
49 concurrence of the MMC.
50
51 e. The decisions made by the MMC on all cases will be communicated to
52 the CCDR and TDRC. The TDRC will forward the same decisions through
53 the NDRC to HQDA (OPMG). The NDRC will provide the MMC decisions
54 to the PP and the ICRC, within 30 days of the MMC’s determination. Each

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1 EPW and RP examined will be informed by the MMC of the decision made
2 on the case.
3
4 f. The United States will carry out the decisions of the MMC as soon as
5 possible and within three months of the time after it receives notice of the
6 decisions.
7
8 g. The U.S. member will arrange all administrative details to expedite the
9 work of the MMC. Commanders concerned will assist, facilitate and
10 expedite the operations of the MMC to the fullest extent.
11
12 h. The EPW and RP identified below will be examined by the MMC.
13
14 (1) EPW and RP designated by a facility or hospital surgeon or a
15 retained physician or surgeon who is exercising the functions of the
16 surgeon in a facility.
17
18 (2) EPW and RP whose applications are submitted by a prisoner
19 representative.
20
21 (3) EPW and RP recommended for examination by the power on
22 which the EPW and RP depend or by an organization duly
23 recognized by that power and that gives assistance to them.
24
25 (4) EPW, RP who submit written requests. These EPW will not be
26 examined until the EPW listed in (1), (2) and (3) above have been
27 examined.
28
29 i. An EPW or RP found ineligible by the MMC may apply for
30 reexamination 3 months after the last examination.
31
32 j. Each DFC will be notified before arrival of the MMC before
33 arrival of the MMC at a facility, hospital or other designated place,
34 the commander will prepare DA Form 2670-R (Mixed Medical
35 Commission Certificate for EPW) and provide the EPW/RP’s
36 detention medical record for each EPW and RP to be examined, DA
37 Form 2670-R will be completed in four copies. DA
38
39 k. The commanding officers of designated hospitals will complete DA
40 Form 2671-R (Certificate of Direct Repatriation for EPW) for the
41 repatriation of sick and wounded EPW/RP. MMC do not need to visit
42 EPW/RP who are eligible for direct repatriation.
43
44
45
46 l. The following EPW and RP are eligible for direct repatriation:
47
48 (1) EPW and RP suffering from disabilities as a result of injury, loss
49 of limb, paralysis or other disabilities, when these disabilities are at
50 least the loss of a hand or foot or the equivalent.
51
52 (2) Sick or wounded EPW and RP whose conditions have become
53 chronic to the extent that prognosis appears to preclude recovery in
54 spite of treatment within 1 year from inception of disease or date of
55 injury.

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1
2 m. The original DA Form 2671-R will be placed in the EPW/RP’s
3 detention record. A copy will be attached to the medical record.
4
5 3-45. Repatriation of other EPW/RP
6
7 a. EPW/RP who are not repatriated or release under the above
8 circumstances will be repatriated or released at the cessation of hostilities
9 as directed by OSD..
10
11 b. EPW/RP who are eligible for release but have judicial proceedings
12 pending for offenses not exclusively subject to disciplinary punishment will
13 be detained until the close of the proceedings. At the discretion of the
14 theater commander, the EPW/RP may be detained until the completion of
15 their sentence. The EPW/RP previously sentenced to confinement as
16 judicial punishment may be similarly detained. Lists of the EPW/RP held
17 under this guidance will be forwarded to the TDRC and NDRC for
18 transmittal to the PP.‖
19
20 3-46. Repatriation transfer procedures
21
22 a. Control and accountability of EPW and RP will be maintained until the
23 EPW or RP is receipted for by the serving power or designated Protecting
24 Power.
25
26 b. The use of the DRS ―receipt of detainee release‖ identifying at the
27 minimum name and ISN of each EPW and RP repatriated or released is
28 required. The name, title and agency of the person taking custody of the
29 EPW/RP will be on the receipt. The DRS ―receipt of detainee release‖ will
30 be used as an official receipt of transfer and will become a permanent
31 record to assure accountability of each EPW and RP until they are no
32 longer in U.S. custody and control. The original ―receipt of detainee release‖
33 with all signatures will be kept by the DSB of the losing facility. Once conflict
34 has ended all receipts will go to the TDRC.
35
36 c. Copies of appropriate personnel, finance and medical records will
37 accompany the released or repatriated EPW/RP. These records will be
38 transferred to the custody of the designated official receipting for the
39 EPW/RP.
40
41 d. All confiscated personal property that can be released, will accompany
42 the released or repatriated EPW/RP. An inventory will be conducted and
43 any discrepancies identified. The individual will sign the DA Form 4137 for
44 his personal items.
45
46 e. Upon completion of the transfer, the U.S. escort guard will forward the
47 official receipt of transfer to the losing facilities DRS supervisor.
48
49 f. Upon notification from the TDRC that the transfer is complete, the losing
50 detention facility will forward all official records and confiscated property
51 that cannot be released to the TDRC for final disposition.
52
53 g. The TDRC will:
54

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1 (1) Notify the NDRC of final status of released/ repatriated EPW and
2 RP.
3
4 (2) Inventory and maintain all EPW and RP records within the theater
5 of operations until the end of conflict.
6
7 (3) Dispose of confiscated property in their possession per instructions
8 received from the NDRC and applicable Army regulations.
9

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1 Chapter 4 - Retained Personnel (RP)
2
3 4-1. Policy
4
5 a. Retained personnel (RP) are detainees with specialized medical or
6 chaplaincy skills and training. Individuals detained by the
7 Department of Defense for the purpose of assisting EPW and who
8 fall within any of the categories specified in paragraph 4-2 below,
9 are eligible to be certified as RP.
10
11 b. RP are not used to provide medical or spiritual care to detainees
12 other than EPWs.
13
14 c. RP will receive, at a minimum, the full benefits and protection given
15 to detainees with EPW status.
16
17 d. RP are subject to the internal discipline of the internment facility in
18 which they are retained; however, they may not be compelled to do
19 any work except that relating to their medical or religious duties.
20
21 e. RP will be granted the facilities necessary to provide medical care
22 and religious ministry services to the EPW population.
23
24 f. RP will preferably aid EPW from the same Armed Forces upon
25 which they depend.
26
27 4-2. Definition –
28
29 The following categories of personnel may be retained by the DOD for
30 the specific purpose of aiding EPW:
31
32 a. Medical personnel who are members of the medical service of their
33 armed forces.
34
35 b. Medical personnel exclusively engaged in—
36
37 (1) The search for or collection, transport or treatment of the
38 wounded or sick.
39
40 (2) The prevention of disease.
41
42 (3) The administration of medical units and establishments.
43
44 c. Chaplains attached to enemy forces.
45
46 d. Staff of National Red Cross societies and other voluntary aid
47 organizations duly recognized and authorized by their governments. The
48 staffs of these organizations may be employed in the same duties as
49 mentioned above if such organizations are subject to military laws and
50 regulations.
51

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1 4-3. General Provisions
2
3 a. Captured persons entitled to RP status should have on their person at
4 the time of detention a special identity card attesting to their status. The
5 minimum data shown on the card will be the name, date of birth, grade and
6 service number of the bearer. The card will state in what capacity the
7 bearer is entitled to the protection of GPW. The card will also bear the
8 photograph of the owner and either the signature or fingerprints or both. It
9 will be embossed with the stamp of the military authority with which the
10 person was serving at time of capture.
11
12 b. RP will be retained only if EPW’s require medical or spiritual needs that
13 cannot be met by U.S. Forces. Persons whose retention is not required will
14 be repatriated as soon as military requirements permit. RP’s are not
15 precluded from carrying information of strategic or tactical value for the
16 military authority they are affiliated with. Should RPs be in possession of
17 such information, their return to their own armed force may be delayed until
18 the information is determined to be no longer significant in value.
19
20
21 c. RP, who are members of the enemy’s Armed Forces, will be assigned
22 to internment facilities housing EPWs. If available, they will be assigned in
23 the ratio of two physicians, two nurses, one chaplain and seven enlisted
24 medical personnel per 1,000 EPW. Economy of medical staffing may be
25 achieved at higher levels per guidance from Commanding General, Health
26 Services Command (HSC). As much as possible, these RP will be assigned
27 to internment facilities containing EPW from the same Armed Forces upon
28 which the RP depend.
29
30 d. CCDRs, task force commanders and joint task force commanders are
31 authorized to transfer RP and EPW who are qualified to perform medical or
32 religious duties between EPW internment facilities within their jurisdiction in
33 order to distribute them equitably.
34
35 e. Subject to security requirements the CDO will ensure:
36
37 (1) Full use of enemy medical personnel for the treatment of sick
38 and wounded EPW/RP.
39 (2) Release of U.S. medical personnel, when possible, from caring
40 for sick and wounded EPW except for supervision and training of
41 enemy medical personnel.
42
43 f. The senior medical officer in each internment facility will provide close
44 and continuing supervision of the professional activities of the retained
45 medical personnel and report all improper activities.
46
47 g. RP will not be allowed access to or custody of narcotic drugs or other
48 controlled substances as delineated in Title 21, United States Code, except
49 under close supervision of U.S. medical personnel.
50
51 h. EPW internment facility surgeons or medical treatment facility
52 commanders in which retained personnel are used will verify:
53
54 (1) Accuracy of the final diagnosis.
55 (2) Adequacy of treatment.

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1 (3) Final disposition of patients treated by RP.
2
3 i. While caring for the sick and wounded, RP will receive the same daily
4 rate of pay as is received by EPW.
5
6 j. Monthly allowances for RP will be the same as those prescribed for
7 EPW of the same rank.
8
9 k. RP may be detained in internment facilities housing EPW. When
10 practical, they will be assigned quarters separate from EPW.
11
12 l. RP will wear on their left sleeve a water resistant arm band bearing the
13 distinctive emblem (Red Cross, Red Crescent Red Crystal) issued and
14 stamped by the military authority of the power with which they have served.
15 Authorized persons who do not have such armbands in their possession will
16 be provided with appropriate brassards.
17
18 m. EPW who are certified to be proficient medically or religiously continue
19 to be considered and identified as EPW, as appropriate, but will be
20 administered and treated in the same way prescribed for RP. Enemy
21 personnel who are classified in these categories and are determined
22 qualified by competent Army authority are eligible to be certified as
23 proficient to perform medical or religious duties:
24
25 (1) EPW who are ministers of religion although they have not
26 officiated as chaplains to their own forces.
27 (2) Specially trained EPW, employed at the time of their capture as
28 hospital orderlies, nurses or auxiliary stretcher-bearers, in search
29 for or in collecting, transporting or treating of the wounded and sick.
30 These EPW are not eligible for RP status, but they may be
31 employed only on medical duties they are qualified to perform.
32 (3) Certification of the retained status of personnel will be effected
33 upon the decision that the special identity card held by each such
34 person is valid and authentic. This certification will be decided, if
35 possible, at the time of processing by the DFC.
36
37 n. The CDO or designated representative will confirm the certification of
38 the technical proficiency of the persons described in paragraph 4-1(n).
39 Qualified U.S. Military medical and religious personnel must first confirm the
40 medical or religious proficiency of each EPW.
41
42 4-4. RP Classification Forms
43
44 RP Classification Forms will be completed as follows:
45
46 a. DA Form 2672 (Classification Questionnaire for Officer Retained
47 Personnel) will be completed for captured officers and civilians of equal
48 grade who –
49
50 (1) Claim RP status.
51 (2) Apply for a certificate of medical proficiency.
52
53 b. DA Form 2673 (Classification Questionnaire for Enlisted Retained
54 Personnel) will be completed for all captured enlisted persons and civilians

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1 of equal grade who have or are applicants for a certificate of medical
2 proficiency.
3
4 c. The original form will be placed in the RP’s detention file. A copy will be
5 provided to the DFC, the CCDO, and the TDRC.
6
7 d. Verifications of retained status and religious or medical proficiency will
8 be recorded on the DA Form 4237 of the person concerned. Denials of
9 claims to retained status or certification of proficiency will also be recorded
10 together with a brief statement of the reason.
11
12 4-5. RP Privileges
13
14 RP will enjoy the same correspondence privileges as EPW. Chaplains will be
15 free to correspond, subject to censorship, on matters about their religious
16 duties. Correspondence may be with clerical authorities, both in the country
17 where they are retained and in the country on which they depend and with
18 international religious organizations. RP will be authorized the following
19 additional privileges:
20
21
22 a. They will be authorized to visit EPW periodically in branch internment
23 facilities and in hospitals outside the EPW internment facilities in order to
24 carry out their medical, spiritual or welfare duties.
25
26 b. They will be given the necessary means of transportation for making
27 such visits.
28
29 c. The senior retained medical officer, as well as chaplains, will have the
30 right to correspond and consult with the DFC or his authorized
31 representatives on all questions about their duties.
32
33

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1 Chapter 5 - Civilian Internees (CI)
2
3 5-1. Definition and Application of CI Provisions
4
5 a. Civilian Internees are individuals under the custody and/or control of the
6 DOD pursuant to Article 4, GC during international armed conflict or
7 occupation. Generally, all detainees who are neither engaged in hostilities
8 against the United States or its allies during an armed conflict, nor entitled
9 to status as an EPW or RP will be treated as Civilian Internees. Civilians
10 may be interned for security reasons, for protective purposes or for
11 committing an offense against the Detaining Power.
12
13 b. Persons under the custody and control of the DOD during operations
14 authorized by the United Nations Security Council will be detained as
15 appropriate to their legal status (see paragraph 1.3). As a matter of policy,
16 to the extent practicable and consistent with the scope and duration of the
17 UN authorized operation, persons detained under United Nations Security
18 Council Resolution (UNSCR) authority and not entitled to EPW, RP or CI
19 status will be detained under the provisions of this chapter. The DFC, with
20 prior approval from the first general/flag officer in the chain of command,
21 may deviate from the provisions of this chapter based upon tactical,
22 operational or strategic security concerns or the need to protect the
23 detainees or members of the Armed Forces of the U.S. Deviations from the
24 minimum treatment standards of paragraph 2-2 of this regulation are not
25 authorized.
26
27 c. Persons under the custody and control of the DOD for protective
28 purposes (i.e., during humanitarian relief operations), the provisions of this
29 chapter will apply as practicable.
30
31 5-2. Applicability of General Detainee Treatment Policy[SG1]
32
33 a. While CIs are under DOD custody and control, the General Detainee
34 Treatment Policy stated in paragraph 2-2 of this regulation is applicable;
35 this is the minimum standard of treatment for all detainees.
36
37 b. Under the applicable laws of war, CIs are afforded benefits in addition
38 to those provided by the General Detainee Treatment Policy in this
39 regulation, including:
40
41 (1) CI’s are protected persons under the Geneva Convention for
42 the Protection of Civilians (GC) and are entitled to respect for their
43 persons, their honor, their family rights, their religious convictions
44 and practices and their manners and customs. Women should be
45 especially protected against any attack on their honor, rape, forced
46 prostitution or indecent assaults.
47
48 (2) No unlawful coercion shall be exercised against protected
49 persons, in particular to obtain information from them or from third
50 parties.
51
52 (3) Access to morale, religious, intellectual, educational, social,
53 physical and recreational activities.
54

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1 (4) The ability to correspond with their families and receive relief
2 shipments, per paragraph 5-20 below.
3
4 (5) CI will be provided access to copies of the 1949 Geneva
5 Conventions in their own language.
6
7 c. CI’s will be interned in facilities according to their nationality, language
8 and customs. Parents and dependent children shall be lodged together,
9 except when separation of a temporary nature is necessitated for reasons
10 of employment or health or imperative reasons of security. Whenever
11 possible, interned members of the same family shall be housed in the same
12 premises and given separate accommodation from other internees,
13 together with facilities for leading a proper family life. They will be
14 accommodated and administered separately from EPW or from persons
15 deprived of liberty for any other reason.
16
17 d. CI committee members will be elected by secret ballot every six months
18 to represent CI’s before the Detaining and Protecting Powers and the ICRC.
19 They shall be responsible for furthering the physical, spiritual and
20 intellectual well-being of the internees.
21
22 e. The conditions in CI internment facilities will ensure that protected
23 persons are accommodated in buildings or quarters which afford every
24 possible safeguard as regards hygiene and health and provide efficient
25 protection against the rigors of the climate and the effects of war.
26
27 f. Internment cards will be prepared for each CI and forwarded to the
28 ICRC or a Central Agency, as outlined in paragraph 1-4l, above and
29 paragraph 5-20 below, so that the internees’ relatives may be informed of
30 his capture, address and state of health. The cards will be forwarded as
31 rapidly as possible and may not be delayed.
32
33 g. Any deviation from the standard of care outlined in this regulation or the
34 accompanying provisions of the GC, must be justified by ―imperative military
35 necessity‖ as determined by the unit or facility commander, including the
36 health and safety of the detainee and the security of the Detaining Power;
37 at no time will deviation from the minimum standards of treatment outlined
38 in paragraph 2-2 be authorized.
39
40 h. In cases where detention occurs and the host nation has a functioning
41 administrative or judicial detention process that complies with humane
42 detention standards, detainees should be subject to local laws and
43 procedures to the maximum extent consistent with the security situation.
44 Where such process is not functioning or does not exist, pending
45 restoration of the host nation administrative and judicial processes,
46 detainees will be treated in accordance with the humane detention
47 standards set forth in this regulation.
48
49 5-3. Administrative provisions
50
51 The following administrative provisions apply to CIs:
52
53 a. CI will be entitled to apply for assistance to the PP, the ICRC, approved
54 religious organizations, relief societies and any other organizations that
55 assist CI. The commander will grant these organizations the necessary

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1 facilities to enable them to assist the CI within the limits of military and
2 security considerations.
3
4 b. In all criminal trials, CI’s will be entitled to a fair and regular trial as
5 prescribed by this regulation.
6
7 c. Deportations from occupied territory to the territory of the occupying power
8 or any other country, occupied or not, are prohibited. 49).
9
10 5-4. Authorization to intern
11
12 a. Only civilian persons who meet the requirements for protected
13 status set forth in the GC will be classified as CI. Internment of
14 protected civilian persons in a CI internment facility is authorized
15 and directed provided that such persons satisfy the requirements
16 for being accorded the status of CI. One of the following three
17 conditions must apply:
18
19 (1) Internment has been determined by competent U.S. Military
20 authority to be necessary for imperative reasons of security to the
21 Armed Forces of the U.S. Armed Forces in the occupied territory.
22
23 (2) Internment has been directed by a properly constituted U.S.
24 military court sitting in the occupied territory as the sentence for
25 conviction of an offense in violation of penal provisions issued by
26 the occupying Armed Forces of the U.S.
27
28 (3) The person has voluntarily requested internment and a
29 competent U.S. military authority has determined, based upon
30 his/her situation, that internment is necessary.
31
32 b. CI will be released by the Detaining Power as soon as the reasons
33 which necessitate his internment no longer exist.
34
35 5-5. Order for internment
36
37 Civilian Internees may be interned or placed in assigned residences only for
38 their protection or when the security of the Detaining Power makes it
39 absolutely necessary . Internment of civilians is a serious deprivation of liberty
40 for the civilian populace. A protected civilian person in occupied territory will
41 be accepted for evacuation to and/or for internment in, a CI internment facility
42 only on receipt of one of the following:
43
44 a. An internment order for imperative security reasons authenticated by
45 a responsible commissioned officer of the Armed Forces of the U.S.
46 specifically delegated such authority by the CDO.
47
48 b. An order of an authorized commander approving and ordering into
49 execution a sentence to internment pronounced by a properly
50 constituted U.S. military court sitting in the occupied territory.
51
52 c. The person has voluntarily requested internment and a competent
53 U.S. military authority has determined, based upon his/her situation,
54 that internment is necessary.

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1
2
3 5-6. CI Internment Order
4
5 CI will be provided a copy of their internment order in a language they
6 understand. At a minimum CI internment orders will contain the following
7 information:
8
9 a. The internee's personal data to include full name, home address and
10 ISN.
11
12 b. A brief statement of the reason for internment.
13
14 c. Authentication to include the signature of the authenticating officer
15 over his typed name, grade, ISN and organization. The redaction
16 of the authenticating officer’s name and ISN may be authorized for
17 security reasons.
18
19 d. Notice of the right to appeal the order to a competent tribunal.
20
21 5-7. Compassionate internment
22
23 Requests by CI for the compassionate internment of their dependent children
24 who are at liberty without parental care in the occupied territory will normally
25 be granted when both parents or the only surviving parent is interned.
26
27 5-8. Custodial security
28
29 The degree of security and control exercised over CI will reflect the conditions
30 under which their internment is authorized and directed and will recognize the
31 escape hazards and difficulties of apprehension attendant on the internment of
32 the CI in an occupied territory.
33
34 5-9. Custodial segregation
35
36 Interned CI may be administratively segregated as necessary for security.
37 Segregation must be effectively employed in order to protect vulnerable CI
38 groups or individuals (such as women, children and ethnic groups) from
39 exploitation or harm by others. CIs may also be segregated to prevent them
40 from harming others or themselves. They may also be segregated to prevent
41 CI’s from organizing disturbances or attacks or continued participation in
42 insurgent activities, within the internment facility. Sentenced prisoners [para.
43 5-5b, above] will be segregated from other CI’s.
44
45 5-10. Spies, saboteurs and security threat individuals
46
47 a. As individually determined by the CDO, protected civilian persons
48 who are detained as alleged spies, saboteurs or as persons under
49 definite suspicion of activities hostile to the security of the United
50 States as an occupying power, may be regarded as having forfeited
51 rights of communication with the outside world for reasons of military
52 security. Such forfeiture will be viewed as an exceptional and
53 temporary measure. Due to the seriousness of the charges, such
54 persons will not be processed as ordinary CI.

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1
2 b. Suspected spies, saboteurs and security threat individuals will be
3 afforded the same general detainee protections as all other
4 detainees. In the case of trial, they will be accorded the rights of fair
5 and regular trial prescribed by this regulation.
6
7 c. When by the direction of the CDO, suspected spies, saboteurs and
8 security threat individuals’ rights of communication with the outside
9 world have been restored, their internment in a CI internment facility
10 may be ordered in accordance with the provisions stated above.
11 When so interned, they will be accorded full CI status. At the earliest
12 date consistent with the security of the United States, they will be
13 released and granted full rights and privileges.
14
15 5-11. Civilian Internee Review Tribunals (CIRT).[LOCKED per SG1]
16
17 a. Appeals. CI who are interned for imperative security reasons by
18 order of a commander or other competent authority will be afforded
19 the right to appeal the order directing their internment. Such appeals
20 will be considered with the least possible delay by a competent
21 tribunal, convened under the provisions of paragraph 2-5. Appeals
22 will be then acted upon by the tribunal convening authority, based on
23 the recommendation of the tribunal and any additional matters
24 provided by the CI.

25 b. Periodic review. In the case where an appeal has been denied, the
26 tribunal will review the case at least every six months to determine
27 whether continued internment is warranted. During this periodic
28 review, the tribunal is to reconsider whether the CI continues to
29 present an imperative threat to security, with a view to release if
30 circumstances permit

31 c.

32
33 (1) Additional procedural measures. Recognizing the gravity of
34 continued internment (as a deprivation of liberty of the civilian
35 detained), convening authorities should direct additional
36 procedural measures as the security situation allows. See
37 paragraph 2-5f(4).

38 d. Action by Convening Authority. The convening authority will take


39 appropriate action based upon the CIRT report of proceedings. The
40 convening authority may take action more favorable to the CI than
41 that recommended by the CIRT, may return a report to the CIRT for
42 additional fact finding or proceedings, or forward the report to
43 another CIRT. However, in the absence of new matters, no
44 convening authority will direct continued detention if the CIRT
45 recommends release.
46
47 e. Reclassification to assigned residence. In each CI case reviewed by
48 the board in which continued control is necessary, the CI will be
49 considered for an assignment to a residence in an area where there
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1
2 f. Continued internment. CI who have been determined by a CIRT not
3 to be entitled to release from internment or placement in assigned
4 residence will not be executed, imprisoned, or otherwise penalized
5 without further (judicial) proceedings to determine what acts they
6 have committed and what penalties should be imposed.
7
8 g. Cognizance of host nation capabilities. CIRTs will review cases of
9 those detained by U.S. forces while recognizing that many internees
10 are subject to parallel administrative or judicial proceedings of a host
11 nation and that such host nation institutions may be evolving over
12 time. Convening authorities and CIRTs will take cognizance of
13 relevant evidence obtained by host nation authorities and will
14 consider host nation investigative, detention and other capabilities in
15 making decisions bearing on the welfare of the detainee.
16
17 h. Support of dependents. The United States shall ensure the support
18 of the CI dependents that are at liberty in the occupied territory and
19 are without adequate means of support or are unable to earn a living.
20
21 5-12. Civilian Internee Safety Program
22
23 a. Establishment. A safety program for the CI will be established and
24 administered in accordance with the policies prescribed in AR 385-
25 10 and other pertinent safety directives.
26
27 b. Reports and records. DA forms and procedures outlined in AR 385-
28 10 will be used in the implementation of the CI safety program. When
29 so used, the letters ―CI ―will be clearly stamped at the top and bottom
30 of each form. All such forms will be prepared, administered and
31 maintained separately from those prepared for personnel included
32 under the Army Safety Program.
33
34
35 5-13. CI Administration
36
37 a. CI will be administered and housed separately from other detainee
38 categories and in accordance with their security requirements.
39 Except in the case of families, female CI will be housed in separate
40 quarters in accordance with their security requirements and will be
41 under the direct supervision of women to the extent possible.
42
43 b. When possible, the CI will be interned in CI internment facilities
44 according to their nationality, language and customs. All CI who are
45 nationals of the same country will not be separated merely because
46 they speak different languages.
47
48 c. Complete segregation of female and male CI will be maintained
49 except—
50
51 (1) When possible, members of the same family, particularly parents
52 and dependent children, will be lodged together and will have
53 facilities for leading a normal family life.
54

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1 (2) A parent with dependent children, if single or interned without
2 spouse, will be provided quarters separate from those for single
3 persons.
4
5 (3) Dependent children, who are interned for compassionate
6 reasons with their parents will be classified as CI and processed
7 in the same way as their parents for accountability purposes.
8 Children will be issued a DRS detainee ID bracelet. .
9
10 (4) All efforts will be made to take the necessary measures to
11 ensure that children under fifteen, who are orphaned or are
12 separated from their families as a result of the war, are not left to
13 their own resources.
14
15 d. DA Form 2674
16
17 (1) General. DA Form 2674 will be prepared for each CI internment
18 facility and hospital to which CI are assigned. Preparation will be
19 in accordance with applicable procedures set forth for EPW.
20
21 (2) The following personnel will be accounted for: all civilians
22 processed and classified as CI and for whom an ISN has been
23 assigned and dependent children for whom compassionate
24 internment with their CI parents has been approved in
25 accordance with procedures prescribed by the CDO.
26
27 (3) Basic personnel data. References to entries in section B,
28 Remarks, requiring basic personnel data, will be interpreted as
29 follows:
30
31 (a) Name. Enter last names and first names, in that order,
32 alphabetically according to section (assigned gains, losses
33 and so forth) of CI and dependent children.
34 (b) Internment serial number (ISN). Enter complete serial
35 number. (Dependent children are not assigned ISNs).
36 (c) Grade. Civilian capacity or title, CI only.
37 (d) Sex. CI and dependent children.
38 (e) Nationality. CI and dependent children. Enter name of
39 country of which parents claim citizenship.
40 (f) Occupational skill. Applies only to CI.
41
42 (4) Remarks column. On initial entry, enter in the ―remarks― column
43 the notation ―approved by ― (insert appropriate headquarters) on
44 (insert date approved) CI and dependent children.
45
46 e. Civilian Internee personnel record. CI will be processed in the
47 same manner as EPW, per paragraph 3-4.
48
49
50 f. ISN for each CI will be assigned according to the procedure set forth
51 for EPW.
52
53 g. If a CI does not hold an identification card issued by their
54 government, the CI will be issued a Detainee ID bracelet (created by
55 DRS) or a completed DA Form 2677 (Civilian Internee Identity Card),

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1 if DRS is not available. The identification card or ID bracelet will be in
2 the possession of the CI at all times. A notation indicating
3 preparation of DA Form 2677 will be made under item 36 of DA Form
4 4237 (Detainee Personnel Record) if DRS is not available.
5
6 h. Internment card. On issuance of an ISN by DRS or completion of a
7 DA Form 4237, but not later than one week after arrival at a CI
8 internment facility, each CI must complete two copies of DA Form
9 2678 (Civilian Internee Notification of Address). One copy will be
10 addressed to the ICRC or PP and the other copy to a relative or next
11 of kin.
12
13
14 5-14. Personal effects
15
16 a. All personal effects, including money and other valuables of the CI,
17 will be safeguarded and accounted for. Personal effects will be
18 classified according to their disposition.
19
20 b. The personal effects that detainees are allowed to retain, but are
21 taken from them temporarily for intelligence purposes, will be
22 receipted for and returned as soon as practical. Any national
23 identification card or DA Form 2677 will not be taken from the CI at
24 any time.
25
26 (1) The DFC may receive personal effects that the CI are permitted
27 to retain, but which they wish stored. Individual receipts will be
28 given to the CI for all items stored in this manner.
29
30 (2) Any claim by a CI for compensation for personal effects, money
31 or valuables stored or impounded by the United States and not
32 returned upon repatriation or any loss alleged to be the fault of
33 the United States or its agents will be referred to the country to
34 which the CI owes allegiance. In all cases, DFCs will provide the
35 CI with a statement, signed by a responsible officer, describing
36 the property not returned and the reason. A copy of this
37 statement will be forwarded to the TDRC.
38
39 c. An inventory of personal effects that have been impounded will be
40 entered on DA Form 4237, item 35. In addition, DA Form 1132 will
41 be completed by the CI and signed by the officer in charge or his
42 authorized representative and a copy given to the CI.
43
44 d. The commanding officer of the internment facility where the CI is
45 interned will be responsible for storing and safekeeping impounded
46 personal effects. Such property will be marked with the detainee’s
47 ISN and securely bound or packaged. Upon transfer, the CI
48 impounded property will be delivered to the commanding officer of
49 the receiving facility.
50
51 e. Money found in the possession of the CI will be handled according to
52 DFAS-IN Regulation 37-1.
53

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1 f. Confiscated items of economic value will be receipted to the proper
2 agency. Items of intelligence interest will be brought to the attention
3 of MI personnel immediately and receipted to them.
4
5 g. Personal property and documents of importance to the next of kin left
6 by a CI who has been released, has died or has been in an escaped
7 status in excess of 30 days, will be forwarded to the TDRC in sealed
8 parcels. The parcels will be accompanied by statements identifying
9 the CI and listing the contents. All parcels will be receipted for by the
10 authorized losing or gaining facility representative.
11
12 h. The CDO will be responsible for retaining and storing other personal
13 effects, pending final disposition instructions from: OPMG (NDRC),
14 Washington, DC 20310-2800.
15
16 5-15. Internee committee
17
18 Within the constraints of security and military necessity, an internee committee
19 may be established.
20
21 a. Election. At each internment facility and branch internment facility,
22 CI will be elected by secret written ballot to the internee committee.
23 This committee is empowered to represent the internment facility to
24 the PP, the ICRC or other authorized relief or aid organizations and
25 U.S. military authorities.
26
27 b. Composition. The internee committee will consist of not less than
28 two and not more than three elected members. Elections will be held
29 every six months or upon the existence of a vacancy. Committee
30 members are eligible for re-election.
31
32 c. Approval. Each member of the internee committee will be approved
33 by the DFC prior to assumption of duty. If the DFC refuses to
34 approve or dismisses an elected member, a notice to that effect with
35 the reasons for refusal or dismissal will be forwarded through
36 channels to the TDRC for transmittal to the PP with a copy furnished
37 to NDRC.
38
39 d. Assistants. Each member of the internee committee may have an
40 assistant to act as an interpreter. The interpreter must be approved
41 by the DFC.
42
43 e. Duties.
44
45 (1) The internee committee will be responsible for furthering the
46 physical, spiritual and intellectual well being of the CI. Members
47 will not be required to perform any other work if it interferes with
48 their duties.
49
50 (2) Any mutual assistance organization set up by the CI will be
51 under the jurisdiction of the internee committee.
52
53 (3) Internee committee members will be provided with the necessary
54 materials, facilities and transportation and will be given the
55 freedom required to accomplish their duties. Additional special

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1 duties performed by members of an internee committee include
2 the following:
3
4 (a) Visits to outside labor details.
5 (b) Checking the management of the canteen and the canteen
6 fund.
7 (c) The presentation and transmittal of petitions and complaints
8 to the appropriate authorities.
9 (d) The distribution and disposition of collective relief shipments.
10 (e) Keeping informed of ongoing and final judicial proceedings
11 instituted against a CI whom they represent.
12 (f) The delivery of perishable goods to the infirmary when
13 addressed to a CI undergoing disciplinary punishment.
14 (g) Representing the interest of the CI by ensuring the transport
15 of their community property and luggage that they are
16 unable to take with them on transfers because of baggage
17 weight limitations.
18
19 (4) Members of internee committees who are transferred will be
20 allowed a reasonable time to acquaint their successors with their
21 duties and related current CI affairs.
22
23 f. Communications facilities. Members of the internee committee will
24 be accorded postal and telegraphic facilities for communicating with
25 the Protecting Powers, ICRC and its delegates or other relief and aid
26 organizations authorized to assist the CI and U.S. military authorities.
27 Committee members of branch internment facilities will be accorded
28 similar facilities for communicating with the internee committee of the
29 parent CI internment facility. These communications will be
30 unlimited and will not be counted as part of the member’s
31 correspondence quota.
32
33 5-16. Supplies
34
35 a. General.
36
37 (1) Where practical, a CI must provide his own clothing and
38 footwear, but under no circumstances will they lack either.
39 Approved items of clothing and equipment, general supplies,
40 subsistence and fuel will be supplied upon requisition. Outer
41 clothing will be treated with permethrin, or suitable equivalent, as
42 required.
43
44 (2) No replacement clothing will be issued except as circumstances
45 warrant, as required by climatic conditions, or as needed for
46 work clothing.
47
48 (3) Except for hats and other accessories any item of clothing that
49 may be worn as an outer garment will be marked as prescribed
50 below:
51
52 (a) All shirts, undershirts, blouses, jackets, coats including
53 overcoats and raincoats and similar articles will be marked
54 with the letters ―CI ― across the back and on the front of each
55 sleeve between the elbow and shoulder. The letters will be

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1 black and 4 inches high. If the clothing or uniforms are of
2 such color that black letters do not contrast well, white will be
3 used.
4
5 (b) Trousers, walking shorts and like items of clothing will be
6 similarly marked with the same letters across the back just
7 below the belt and on the front of both legs just above the
8 knees.
9
10 (c) At the discretion of the DFC, the ISN or other identification
11 marks may be written or stamped on the inside of all CI
12 clothing.
13
14 b. Food.
15
16 (1) Subsistence for the CI will be issued based on a master CI menu
17 authorized by the CDO. Preparation of the menu will include the
18 following:
19
20 (a) The daily food ration procured from approved sources will be
21 sufficient in quantity, quality and variety to maintain the CI in
22 good health and to prevent nutritional deficiencies.
23
24 (b) The customary diet of the CI will be considered.
25
26 (c) The CI performing physical labor will receive additional food
27 in proportion to the kind of labor performed.
28
29 (d) Expectant and nursing mothers and children under 15 years
30 of age will receive additional food in proportion to their
31 physiological needs.
32
33 (2) Facilities will be available to the CI for preparing additional food
34 received or procured by them from authorized sources.
35
36 5-17. Social, intellectual and religious activities
37
38 a. General.
39
40 (1) Subject to security considerations and internment facility
41 discipline, the CI will be encouraged, but not required, to
42 participate in social, intellectual, religious and recreational
43 activities. Furthering enemy propaganda objectives through
44 these activities will not be tolerated.
45
46 (2) Premises and facilities for conducting the activities in (1) above
47 will be made available in each internment facility, if possible.
48 Required materials and supplies will be requisitioned through
49 normal supply channels.
50
51 (3) Carefully selected and qualified civilian nationals and CI may be
52 used for the conducting of activities in (1) above where practical,
53 as long as they are closely supervised by U.S. personnel.
54
55 b. Visits.

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1
2 (1) Official. Duly accredited representatives of the Protecting Power
3 and of the ICRC and other authorized organizations will be
4 permitted to visit and inspect CI internment facilities and other
5 places of internment in the discharge of their official duties. The
6 inspections will be at times previously authorized by the CDO.
7 Such visits will not be prohibited, nor will their duration and
8 frequency be restricted, except for reasons of imperative military
9 necessity and then only as a temporary measure. These
10 representatives will be permitted to—
11
12 (a) Interview the CI without witnesses, if requested.
13
14 (b) Distribute relief supplies and approved materials intended for
15 educational, recreational or religious purposes or for
16 assisting the CI in organizing their leisure time within the
17 places of internment. Visiting representatives may not
18 accept from the CI any letters, papers, documents or articles
19 for delivery.
20
21 (2) Social. Close relatives and other persons authorized by the
22 CDO will be permitted to visit the CI as frequently as possible in
23 accordance with theater regulations. They should be advised
24 that the taking of photographs on or about the facility is
25 prohibited.
26
27 (3) Emergency visits by Civilian Internees. Subject to theater policy,
28 the CI may visit their homes in urgent cases, particularly in cases
29 of death or serious illness of close relatives.
30
31 c. Education.
32
33 (1) The CI education program, as developed for each CI internment
34 facility, will reflect consideration of the following:
35
36 (a) The several educational levels represented in the CI
37 population of the internment facility.
38
39 (b) The establishment of basic courses of instruction to include
40 elementary level reading, writing, geography, mathematics,
41 language, music, art, history and literature.
42
43 (c) The uninterrupted education of dependents residing with
44 their CI parents. This education will reflect to the extent
45 determined feasible by the CDO, the educational curriculums
46 of the particular country.
47
48 (d) The development of vocational training projects with an
49 immediate view of developing skills that may be useful
50 during internment and a longer range view of enabling the CI
51 to learn a useful trade in which they may engage when
52 returned to normal civilian life.
53
54 (2) Equipment required to support the education program will be
55 requisitioned through normal supply channels. At the discretion

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1 of the DFC, items not in supply may be purchased locally and
2 paid for from the internment facility Civilian Internee Fund
3 provided the items will benefit most CI. The CI personnel
4 employed in the education program will be paid the established
5 rate of pay from the internment facility Civilian Internee Fund.
6
7 d. Religion.
8
9 (1) CI will enjoy freedom of religion, including attendance at services
10 of their respective faiths held within the internment facilities.
11 Wines used for religious purposes will be permitted.
12
13 (2) CI who are clergy may minister freely to CI who voluntarily
14 request their ministration. Equitable allocation of CI clergy will
15 be effected among the various internment facilities.
16
17 (3) If there is a shortage of CI clergy and the circumstances warrant,
18 the DFC will provide the CI clergy with the necessary means of
19 transport for visiting the CI in branch internment facilities and
20 hospitals.
21
22 (4) The CI clergy will be permitted to correspond on religious
23 matters with the religious authorities in the country of detention
24 and, as far as possible, with the international religious
25 organizations of their faiths. This correspondence will not be
26 considered as forming a part of the quota that may be
27 established in accordance with paragraph , but will be subject to
28 censorship.
29
30 (5) Ordained clergy or a theological student who are not CI may be
31 authorized to enter an internment facility and conduct religious
32 services. Visits by such personnel will be in accordance with
33 procedures prescribed by the CDO.
34
35 e. Recreation.
36
37 (1) Recreational activities and facilities, in addition to sports and
38 outdoor games, may include concerts and plays put on by the CI,
39 recorded music, selected motion pictures and other activities
40 authorized by the CDO.
41
42 (2) Special playgrounds will be reserved for dependent children of
43 the CI.
44
45 (3) Expenditures from the internment facility Civilian Internee Fund
46 for the purchase or rental of recreational equipment are
47 authorized.
48
49 (4) Appointed delegates of the International Committee of Red
50 Cross are authorized to assist in developing recreational and
51 welfare activities.
52
53 5-19. Procedures for communications
54

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1 a. Restrictions on numbers and addresses. Procedures for CI
2 correspondence will be in accordance paragraph 3-12. a-f. except that
3 DA Forms 2679-R (Civilian Internee Letter) and 2680-R (Civilian Internee
4 Post Card) will be substituted for DA Forms 2667-R and 2668
5 respectively. No restriction will be placed on persons with whom the CI
6 may correspond. DA Form 2679-R will be reproduced on 8 1/2-by 11-
7 inch paper, head to head. DA Form 2680-R will be reproduced on 4-by
8 6-inch card, head to foot. These forms are for the use of Army only
9 (other services will use analogous service forms).
10
11 b. Outgoing mail. The following procedures apply to outgoing mail:
12
13 (1) Letters and cards will be typed or written legibly in ink. Block
14 printing may be used.
15 (2) Correspondence will be addressed as follows:
16
17 (a) Names and addresses will be complete; they will be
18 placed in the spaces designated on the correspondence
19 forms.
20 (b) The return address will be in block print to include the
21 full name, grade, ISN, place and date of birth of the sender
22 and the name of the facility to which assigned. Instructions
23 for including the APO number or the country in which the
24 facility is located should be issued by local directives.
25 (c) A person at a branch facility will give the parent facility
26 as the return address. The person will be retained on the
27 rosters and postal records of the parent facility.
28 (d) The surnames in the address and return address of
29 letters and cards will be underlined.
30
31 (3) Each person will be required to date his letters and cards. The
32 name of the month will be written, not shown by a number.
33 (4) To expedite the handling of mail, CIs will designate the
34 language of their communication.
35 (5) The date will not be crossed off, written over or otherwise
36 modified.
37 (6) Letters and cards will not be numbered consecutively.
38 (7) The entire letter or card will be written by the same person. If
39 necessary, the address may be written by someone else.
40 (8) The CI may not write letters for others who are able to do so
41 themselves. A person may be unable to write because of lack
42 of education, accident or sickness. If so, the facility
43 commander may permit another person to write the message.
44 In these cases, the person doing the writing will countersign the
45 message.
46 (9) Letters and cards with parts excised, deleted or otherwise
47 mutilated before being dispatched from the facility will be
48 returned to the person for rewriting.
49
50 c. Correspondence sent to Civilian Internees. Instructions on letters and
51 cards that are sent to CI should be communicated by CI to their
52 correspondents.
53
54 (1) The name and return address of the sender will be typewritten
55 or hand printed. For letters, the sender’s name and address will

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1 always appear on the backs of the envelope. The addresser’s
2 surname will be underlined.
3 (2) The name, grade, ISN of the detainee, the name or number of
4 the detention facility and the geographical designation or APO
5 number will be placed in the center lower half of the envelope
6 card. These items are specified by local directives or the facility
7 commander. The entire name of the detainee will be in block
8 print. The address will be placed as near the lower edge of the
9 envelope as possible; the postmark at the top will not be
10 obscured or obliterated.
11 (3) The term ―Civilian Internee Mail‖ will be placed in the upper left
12 corner on the address side. In the upper right corner the words
13 ―Postage Free‖ must be shown.
14
15 d. Legal documents. Legal documents, such as wills and deeds, may be
16 enclosed with outgoing correspondence. When it is necessary for a CI to
17 send a legal document, the document and forwarding letter or card may
18 be enclosed in a plain envelope.
19
20 e. Maps, sketches or drawings. The CI will not send maps, sketches or
21 drawings in outgoing correspondence.
22
23 f. Registered certified, insured, COD or airmail items. Individuals will not
24 be permitted to mail registered, certified, insured, COD or airmail items.
25 If registered, certified, insured or COD mail of either domestic or foreign
26 origin addressed to a detainee is received, it will be refused. The local
27 post office will return them to the sender.
28
29 g. Postage. Letters and cards to and from the CI will be sent by ordinary
30 mail and postage free.
31
32 h. Security. Outgoing letters and cards will be secured by using locked
33 boxes or similar means. Only authorized U.S. personnel will handle
34 outgoing mail. Incoming mail may be sorted by the CI when supervised
35 by U.S. personnel.
36
37 i. Censorship. Censorship of the CI mail will be according to policies
38 established by the CDO:
39
40 (1) Outgoing letters and cards may be examined and read by the
41 DFC or his designee. The facility commander will return
42 outgoing correspondence containing obvious deviations from
43 regulations for rewriting.
44 (2) DFC will name U.S. military personnel to supervise the opening
45 of all mail pouches containing incoming letters and cards for CI.
46 These items will be carefully examined by the named personnel
47 before delivery to detainees. Those items that arrive without
48 having been censored by appropriate censorship elements will
49 be returned for censorship to the designated censorship
50 elements.
51 (3) The CI complaints concerning mail delivery will not be directed
52 to censorship elements. These will be directed to—
53 (a) The facility authorities.
54 (b) The responsible CDO.
55 (c) NDRC.

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1 (d) The PP.
2
3 j. Procedures for parcels.
4
5 (1) A person may receive individual parcels and collective
6 shipments containing—
7 (a) Foodstuffs.
8 (b) Clothing.
9 (c) Medical supplies.
10 (d) Articles of religious, educational or recreational nature.
11 (2) Books, included in parcels of clothing and foodstuffs, may be
12 confiscated as the DFC decides.
13 (3) The CI may send parcels subject to such restrictions as may be
14 deemed necessary by the CDO with respect to quotas,
15 contents, size and weight. The CI may send parcels free of
16 charge up to a weight of 5 kilograms per package or 10
17 kilograms in the case of articles that cannot be separated (Art
18 39, Universal Postal Convention).
19 (4) Parcels received for transferred persons will be forwarded
20 immediately to them.
21 (5) Nonperishable articles received for persons who have died,
22 escaped or been released will be forwarded to the TDRC.
23 Perishable items received for deceased or escaped persons
24 will be released to the Internee Committee who will deliver
25 them to the facility infirmary or hospital for the benefit of the CI.
26 (6) The contents of all incoming parcels will be examined at the
27 facility by a U.S. officer in the presence of the addressee or the
28 named representative. When considered necessary, the facility
29 commander may request that the parcel be examined by the
30 censorship element. The articles in each parcel will be
31 removed. The string, the inner wrappings, the outer container
32 and any extraneous items found in the parcel will not be turned
33 over to the CI or the named representatives. Examination will
34 be close enough to reveal concealed articles and messages;
35 however, undue destruction of contents of parcels will be
36 avoided.
37
38 k. CI may send and receive telegrams or other types of
39 communications as determined by the DFC. They may make,
40 participate in or receive telephone calls or other types of electronic
41 communication under policies developed by the DFC.
42
43 (1) At a minimum:
44
45 (a) A CI who has not received mail from next of kin for three
46 months may send a telegram or other type of electronic
47 communication. One month from the date a previous
48 telegram or other type of electronic communication was
49 sent, a detainee who has not received a written answer
50 or other communication from the addressee may send
51 another telegram or other type of electronic
52 communication.
53 (b) CI unable to receive mail from their next of kin or send
54 mail to them by ordinary postal routes or who are a great
55 distance from their home, will be permitted to send one

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1 telegram or other type of electronic communication a
2 month.
3 (c) CI who are seriously ill or who have received news of
4 serious illness or death in the family, may be permitted
5 to send a telegram or other type of electronic
6 communication.
7 (d) The detention facility commander may authorize the
8 sending of additional telegrams or other types of
9 electronic communications.
10
11 (2) The sending of telegrams or other types of electronic
12 communication as provided for in (1) above will be governed
13 by the following:
14
15 (a) The message proper will consist of not more than 15
16 words. The detention facility commander may authorize
17 longer messages be sent.
18 (b) The cost, if any, of sending the telegram or other type of
19 electronic communication will be debited to the person's
20 account.
21 (c) Arrangements for messages going to or through enemy-
22 occupied countries will be made with the ICRC Field
23 Director.
24 (d) Telegrams or other types of electronic communication,
25 as a general rule, will be written in their native language.
26 (e) No telegram or other type of electronic communication
27 will be sent to a Government official or to a Protecting
28 Power.
29 (f) Telegrams and other types of electronic communication are
30 subject to censorship.
31
32 l. Books. The CI may receive books. Persons or organizations may
33 donate new or unmarked used books, singly or in collections, to
34 facility libraries. Books that arrive at facilities uncensored will be
35 censored by a representative of the censorship element.
36 Publications (books, magazines, newspapers and so forth)
37 containing maps may be made available to the CI upon approval by
38 the facility commander, provided they do not contain maps of the
39 territory surrounding the facilities.
40
41 m. Newspapers and magazines. The following may be made available
42 to the CI:
43
44 (1) Current newspapers and magazines published in English in the
45 United States and selected by the facility commander.
46 (2) Unmarked, unused magazines in English published in the
47 United States and distributed by approved relief or aid
48 organizations received at the discretion of the facility
49 commanders for facility libraries after censorship by the
50 censorship element.
51 (3) Foreign language newspapers and magazines published in the
52 United States, upon approval of the facility commander and
53 after censorship of individual issues by the censorship element.
54 (4) Newspapers and magazines published outside the United
55 States, regardless of language, must be approved by the CDO.

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1
2 5-20. Complaints and requests to DFCs and ICRC/Protecting
3 Power
4
5 a. CI may make complaints or requests to the DFC, who will try to
6 resolve the complaints and answer the requests. If the CI is not
7 satisfied with the way the commander handles a complaint or
8 request, he may submit it in writing, through channels, to OPMG,
9 (NDRC). Upon notification of an ICRC/Protecting Power visit, DFCs
10 will notify the chain of command and the SJA.
11
12 b. Persons exercising the right to complain to the Protecting Power
13 about their treatment and internment facility may do so—
14
15 (1) By mail.
16 (2) In person to the visiting representatives of the Protecting Power,
17 the ICRC or designated organizations.
18 (3) Through their internee committee.
19
20 c. Written complaints to the ICRC/Protecting Power will be forwarded
21 promptly to the CCDR and NDRC. A separate letter with the
22 comments of the DFC will be included. Military endorsements will not
23 be placed on any CI communications.
24
25 d. Written communications from ICRC/PP to DFC commanders or any
26 other military or civilian official of the DOD at any level shall, within
27 24 hours, be transmitted to the USD(P), with information copies to
28 the Director, Joint Staff; the Chairman’s Legal Counsel; the Assistant
29 Secretary of Defense for Public Affairs; the DOD General Counsel;
30 and the DOD Executive Secretary. ICRC reports received by
31 officials within a CCDR’s AOR shall also be transmitted
32 simultaneously to the CCDR. A copy of the communication will be
33 reported as well as to the HQDA, OPMG (NDRC), to be retained as
34 part of the detainee’s official personnel file.
35
36 e. Any credible allegation or perceived violation of the law of war or
37 detainee abuse will be immediately reported to USACIDC or other
38 competent investigative authority and reported to the CCDR and to
39 HQDA as an SIR, in accordance with AR 190-45. Once completed, a
40 copy of the SIR accompanies the CI to the internment facility and a
41 copy is distributed through the TDRC to HQDA, OPMG (NDRC). All
42 available pertinent information from the CI will be entered on the
43 form.
44
45 5-21. Discipline and security
46
47 Measures needed to maintain discipline and security will be set up in each
48 internment facility and rigidly enforced. Offensive acts against discipline will be
49 dealt with promptly. The DFC will record disciplinary punishments. The record
50 will be open to inspection by the Protecting Power.
51
52 a. Prohibited acts.
53

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1 (1) Associations on close terms between the CI and U.S. military or
2 civilian personnel.
3 (2) Exchange of gifts between the CI and U.S. military or civilian
4 personnel.
5 (3) Setting up of courts by the CI. The CI will not have any
6 disciplinary power or administer any punishment.
7
8 b. Regulations orders and notices. Regulations orders, authorized
9 punishments and notices on the conduct and activities of the CI will
10 be written in a language the CI can understand. They will be posted
11 in a place within each internment facility where the CI may read
12 them. They will also be made available to persons who do not have
13 access to posted copies. Additional copies will be given to the
14 internee committee. This requirement will also apply to the text of the
15 GC and texts of special agreements concluded under it. Every order
16 and command addressed personally to the CI must be given in a
17 language he understands. To protect persons from acts of violence,
18 bodily injury and threats of reprisals at the hand of fellow internees, a
19 copy of the following notice in the internee's language will be posted
20 in every compound.
21
22
23 NOTICE
24
25 Any Civilian Internee, regardless of faith or political belief, who fears that their lives are in
26 danger or that they may suffer physical injury at the hands of other detainees will
27 immediately report the fact personally to any U.S. Military officer of this internment facility
28 without consulting the internee committee. From that time on, the internment facility
29 command will assure adequate protection to such Civilian Internees by segregation,
30 transfer or other means. Civilian Internees who mistreat fellow internees will be punished.
31
32 Signed (Commanding Officer)
33
34
35 c. Courtesies. The normal civilian courtesies will be required of the CI
36 in their relationships with military personnel. U.S. military personnel
37 will be courteous and will extend to the CI the regard due them.
38
39 d. Flags and political emblems. Flags on which a political enemy
40 emblem or device appears will be seized. The CI will not have any
41 political emblem, insignia, flag or picture of political leaders. The CI
42 may have pictures of political leaders that appear in magazines,
43 books and newspapers if the pictures are not removed.
44
45 f. Security. All security matters connected with the custody and
46 utilization of the CI are the responsibilities of the CDOs in overseas
47 areas.
48
49 5-22. Provisions common to disciplinary and judicial
50 punishments
51
52 a. General.
53

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1 (1) If general laws, regulations or orders declare acts committed by
2 the CI to be punishable, whereas the same acts are not
3 punishable when committed by persons who are not interned,
4 these acts will only entail disciplinary punishment.
5
6 (2) When possible disciplinary punishment, rather than judicial
7 punishment, will be used.
8
9 (3) The courts or authorities in passing sentence or awarding
10 disciplinary punishment will consider the fact that the defendant
11 is not a national of the United States. They will be free to reduce
12 the penalty prescribed for the offense with which the CI is
13 charged and will not be obliged to apply the prescribed minimum
14 sentence but may impose a lesser one.
15
16 (4) Punishment will not be inhumane, degrading, brutal or
17 dangerous to the health of the CI. The age, sex and state of
18 health of the CI will be considered.
19
20 (5) Imprisonment in premises without daylight is prohibited.
21
22 (6) The length of time a CI is confined while awaiting a disciplinary
23 hearing or a trial will be deducted from any disciplinary or judicial
24 punishment involving confinement to which he may be
25 sentenced and will be taken into account in finding any penalty.
26
27 (7) No CI may be punished more than once for the same offense.
28
29 (8) The CI who has served disciplinary punishment on judicial
30 sentences will not be treated differently from other CI.
31
32 b. Confinement benefits. The CI undergoing confinement, whether
33 before or after trial and whether in connection with disciplinary or
34 judicial proceedings, will—
35
36 (1) Be allowed to exercise and stay in the open air at least two hours
37 daily.
38
39 (2) Be allowed to attend daily sick call, receive medical attention as
40 needed and if necessary be transferred to a hospital.
41
42 (3) Be given enough food to maintain them in good health.
43
44 (4) Be permitted to confer with visiting representatives of the PP or
45 the ICRC.
46
47 (5) Be permitted to receive spiritual assistance.
48
49 (6) If a juvenile under age 18, be treated with proper regard to their
50 age.
51
52 (7) Be provided with hygienic living conditions.
53
54 (8) Be provided adequate bedding supplies and facilities necessary
55 for personal cleanliness.

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1
2 (9) If a female, be confined in separate quarters from male CI and
3 be under the immediate supervision of women as soon as
4 operationally feasible.
5
6 5-23. Disciplinary proceedings and punishments
7
8 a. Authority to order disciplinary punishment. Without prejudice to the
9 competence of courts and higher authorities, disciplinary punishment
10 may be ordered only by the DFC.
11
12 b. Rights of accused prior to imposition of disciplinary punishment. Prior
13 to imposition of disciplinary punishment, the CI will be—
14
15 (1) Provided precise information regarding the offense of which they
16 are accused.
17 (2) Given an opportunity to defend the allegation.
18 (3) Permitted to call witnesses and to have, if necessary, the service
19 of a qualified interpreter.
20
21 c. Authorized disciplinary punishment. The following disciplinary
22 punishments are authorized:
23
24 (1) Discontinuance of privileges granted over and above the
25 treatment provided for by this regulation.
26 (2) Confinement.
27 (3) A fine not to exceed one-half of the wages that the CI may
28 receive during a period of not more than 30 days.
29 (4) Extra fatigue duties, not exceeding two hours daily, in connection
30 with maintaining the internment facility.
31
32 d. Duration of disciplinary punishment.
33
34 (1) The duration of any single disciplinary punishment will not
35 exceed 30 consecutive days. The maximum of 30 days will not
36 be exceeded even if the CI is answerable for several breaches of
37 discipline, whether related or not, at the time when punishment is
38 imposed.
39
40 (2) The period elapsing between the pronouncing of the disciplinary
41 punishment and the completion of its execution will not exceed
42 30 days.
43
44 (3) After imposition of disciplinary punishment on the CI, further
45 discipline will not be imposed on the same CI until at least three
46 days have elapsed between the execution of any two of the
47 punishments if the duration on one of the two punishments is ten
48 days or more.
49
50 e. Escape and connected offenses.
51
52 (1) The CI who are recaptured after having escaped or when
53 attempting to escape will be liable to disciplinary action with
54 respect to the present infraction only, even if it is a repeated
55 offense. Discipline measures may be escalated for subsequent

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1 offenses within the constraints under this regulation for detainee
2 discipline.
3
4 (2) The CI punished as a result of escape or attempt to escape may
5 be subjected to special surveillance that does not affect the state
6 of their health, when the punishment is exercised in a CI
7 internment facility and if it does not violate any of the provisions
8 of this regulation.
9
10 (3) CI who aid and abet an escape or an attempt to escape, if no
11 injury is done to a person, will be subject to disciplinary
12 punishment only.
13
14 (4) Escape or attempt to escape, even if it is a repeated offense, will
15 not be deemed an aggravating circumstance in cases where the
16 CI is prosecuted for offenses committed incidental to or during
17 his escape or attempt to escape.
18
19 (5) The CI is liable to prosecution for an escape or attempted
20 escape that results in a death or serious bodily injury to another
21 person.
22
23 f. Confinement pending hearing.
24
25 (1) The CI accused of an offense for which disciplinary punishment
26 is contemplated will not be confined pending a disciplinary
27 hearing unless it is essential to the interest of internment facility
28 order and discipline. Its duration will, in any case, be deducted
29 from any sentence of confinement.
30
31 (2) Any period spent by the CI in confinement awaiting a hearing will
32 be reduced to an absolute minimum. For offenses entailing
33 disciplinary punishment only, it will not exceed 14 days.
34
35 g. Confinement facilities. CI confined as disciplinary punishment will
36 undergo their punishment in a CI internment facility stockade; CI’s
37 will not be transferred to a prison or penitentiary to undergo
38 disciplinary punishment.
39
40 h. Confinement benefits. In addition to the benefits provided by
41 paragraph 5-23b of this regulation, the CI placed in confinement in
42 connection with disciplinary proceedings will be allowed to send and
43 receive letters, cards and telegrams or other types of written
44 electronic communication in accordance with the provisions of this
45 chapter. Parcels and remittances of money, however, may be
46 withheld from the CI until the completion of the punishment. Parcels
47 will be released to the safekeeping of the internee committee. If
48 perishable goods are contained in the parcels, the Internee
49 Committee will give them to the infirmary or hospital.
50
51 5-24. Judicial proceedings
52
53 a. General principles.
54

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1 (1) The penal laws of the occupied territory will remain in force, with
2 the exception that they may be repealed or suspended by the
3 United States in cases where they constitute a threat to its
4 security or an obstacle to the application of the GC.
5
6 (2) The United States may subject the population of the occupied
7 territory to provisions that are essential to enable it to fulfill its
8 obligation under the GC, to maintain orderly government of the
9 territory and to ensure the security of the Armed Forces of the
10 U.S.
11
12 (3) The penal provisions enacted by the United States will not come
13 into force before they have been published and brought to the
14 knowledge of the inhabitants in their own language. The effect
15 of penal provisions will not be retroactive.
16
17 (4) The CI may be tried by general court-martial or a duly
18 established military commission, within the occupied territory for
19 offenses allegedly committed while detained in a facility or on
20 land outside the United States and its territories that has been
21 leased or otherwise reserved or acquired for the use of the
22 United States which is under the control of the US military. The
23 CI will not be tried before summary or special court-martial.
24
25 (5) No CI will be tried or sentenced for an act that was not forbidden
26 by U.S. law or by international law in force at the time the act
27 was committed.
28
29 (6) No protected person may be punished for an offense he has not
30 personally committed. Collective punishment is prohibited.
31
32 (7) No moral or physical coercion will be exerted to induce the CI to
33 admit guilt for any act.
34
35 (8) No CI will be convicted without having had the chance to present
36 a defense with the assistance of a qualified advocate or counsel.
37
38 b. Notification of judicial procedures.
39
40 (1) The accused will be promptly notified, in writing in a language
41 they understand, of the charges against them and will be tried as
42 rapidly as possible.
43
44 (2) A notice (in duplicate) of proceedings against the CI will be
45 submitted through channels to the CCDR, HQDA NDRC, ATTN:
46 DAPM-MPD-ND, Washington, DC 20310-2800 for transmittal to
47 the Protecting Power, in cases of charges involving the death
48 penalty or imprisonment for 2 years or more. Upon request, the
49 PP will be furnished with information regarding the status of such
50 proceedings. Furthermore, the PP will be entitled, on request, to
51 be furnished with all particulars of any other proceedings
52 instituted against the CI.
53
54 (3) The above notice will be sent without delay. The trial will not
55 commence until three weeks after the PP has been notified.

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1
2 (4) The notice will include the following:
3
4 (a) Surname and first names; internment serial number; date of
5 birth; and profession, trade or prior civil capacity of the CI.
6 (b) Place of internment.
7 (c) Specification of the charges with penal provisions under
8 which they are brought.
9 (d) Designation of the court that will hear the case.
10 (e) Place and date of the first hearing.
11
12 (5) The internee committee will be informed of all judicial
13 proceedings against the CI whom it represents and of the results
14 of the proceedings.
15
16 (6) The records of trials will be kept by the convening authority and
17 will be open to inspection by the representatives of the
18 Protecting Power.
19
20 c. Rights and means of defense.
21
22 (1) In each trial by court-martial or military commission, the accused
23 will be entitled to assistance by a qualified advocate or counsel
24 of his own choice, the calling of witnesses and if necessary, the
25 services of a competent interpreter. The CI will be advised of
26 these rights by the commander concerned in due time before the
27 trial.
28
29 (2) When the accused does not exercise the right to choose an
30 advocate or counsel, notice to that effect will be sent through
31 OPMG, NDRC, Washington, DC 20310-2800, to the Protecting
32 Power. The Protecting Power may provide a counsel.
33
34 (3) When the Protecting Power is not functioning and the accused is
35 faced with a serious charge, the convening authority will provide,
36 subject to consent of the accused, an advocate or counsel.
37
38 (4) Unless the CI freely waives such assistance, an accused will be
39 provided with the assistance of an interpreter both during
40 preliminary investigation and during the hearing in court. The CI
41 will have the right to object to the interpreter provided and to ask
42 for a replacement.
43
44 (5) The defense counsel will be given at least two weeks before the
45 opening of the trial and will be granted the necessary facilities to
46 prepare the defense of the accused. The defense counsel will
47 be permitted to visit the accused freely and to interview the
48 accused in private. The defense counsel will also be permitted
49 to confer with any witnesses for the defense including other CI.
50 These privileges will continue until the term of appeal or petition
51 has expired.
52
53 (6) Copies of the charge sheet will be given to the accused and the
54 defense counsel in a language that they understand at least two
55 weeks before the trial begins.

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1
2 (7) The interpreter appointed for and sworn by the court, will provide
3 the official translation of all trial proceedings. The interpreter
4 must not be a trial counsel, defense counsel, assistant to either
5 or witness; nor should he have any bias or interest in the case.
6 The interpreter will translate testimony given in the language of
7 the accused into English for the benefit of the court.
8
9 d. Participation of Protecting Power in criminal proceedings.
10 Representatives of the PP will be permitted to attend the trial of any
11 CI unless the hearing has to be held in a closed session as an
12 exceptional measure in the interest of the security of the United
13 States. If a trial is to be held in a closed session, a notice as to the
14 reasons, the date and place of the closed trial will be sent to the
15 CCDR and to HQDA, OPMG, NDRC, Washington, DC 20310-2800.
16 They will be notified at least three weeks before the opening of the
17 trial to permit timely notification to the Protecting Power.
18
19 e. Notification of judgment and sentence.
20
21 (1) In all cases requiring notification to the PP, two copies of the
22 findings and if applicable, the sentence will be forwarded
23 immediately to the CCDR and to OPMG, NDRC Washington, DC
24 20310-2800, in the form of a summary communication for
25 transmittal to the PP. When NDRC transmits this information to
26 the PP, it will include a brief statement of the appellate rights of
27 the accused. Notification as to the decision of the CI to use or
28 waive his right to appeal will also be forwarded (in duplicate) to
29 the CCDR and to HQDA, OPMG, NDRC, Washington, DC
30 20310-2800, for transmittal to the PP. If the sentence adjudged
31 is death, the information set forth in g below, together with one
32 copy of the court-martial record of trial will be forwarded to
33 OPMG, NDRC, Washington, DC 20310-2800, for transmittal to
34 the PP.
35
36 (2) After final approval of a sentence involving the death penalty or
37 imprisonment for two years or more, the following information will
38 be forwarded (in duplicate) to OPMG, NDRC, Washington, DC
39 20310-2800, for transmittal to the PP:
40
41 (a) A precise wording of the approved finding and sentence.
42 (b) A summarized report of the evidence.
43 (c) If applicable, the name of the place where confinement will
44 be served.
45
46 f. Appeals in criminal proceedings.
47
48 (1) The convicted CI sentenced to confinement or to punishment
49 other than death will have the right of appeal provided for by the
50 laws applied by the court. In all instances, the CI condemned to
51 death will be permitted to petition for pardon or reprieve. The CI
52 will be fully informed of the right to appeal or petition and of the
53 time within which it must be done.
54

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1 (2) When the laws applied by the court make no provision for
2 appeals, the convicted CI will have the right to petition against
3 the finding and sentence to the appellate authority established by
4 the CCDR (theater GCMCA).
5
6 (3) Any period allowed for appeal in the case of sentences involving
7 the death penalty or imprisonment of two years or more will not
8 begin to run until notification of the judgment has been received
9 by the PP.
10
11 (4) Courts of Appeal, if at all possible, will sit in the occupied
12 territory.
13
14 g. Death penalty.
15
16 (1) The CI will be informed as soon as possible of all offenses that
17 are punishable by the death sentence under applicable laws.
18 Lists of these offenses will be posted in all internment facilities.
19 Duplicate lists will be given to the internee committee.
20
21 (2) The death sentence may not be pronounced against a CI who
22 was under 18 years of age at the time of the offense.
23
24 (3) If the death sentence is pronounced, it will not be executed for at
25 least six months from the date when the PP received the detailed
26 communication furnished by the United States in regard to trial
27 (e. above) except as provided in (4) below.
28
29 (4) The six-month waiting period after imposition of the death
30 sentence ((3) above) may be reduced in an individual case in
31 circumstances of grave emergency involving an organized threat
32 to the security of the United States. However, the PP must
33 always be notified by HQDA (OPMG) as to the exception to the
34 six-month waiting period.
35
36 h. Civil proceedings. In every case where the CI is a party to any civil
37 litigation, the DFC will if the CI so requests inform the court of his
38 detention. The DFC will, within legal limits, take all necessary steps
39 to prevent the CI from being in any way prejudiced by reason of his
40 internment regarding the preparation and conduct of the case or
41 execution of any judgment of the court.
42
43 i. Confinement pending trial. A pretrial investigation of an offense
44 alleged to have been committed by the CI will be conducted rapidly
45 so that the trial will take place as soon as possible. The CI will not
46 be confined while awaiting trial unless a civilian national of the
47 occupied territory would be so confined if accused of a similar
48 offense. The CI may be confined if it is essential to do so in the
49 interest of internment facility or national security.
50
51 j. Confinement facilities. CI confined as judicial punishment will serve
52 their sentences in an internment facility, assigned by the CDO, in the
53 occupied territory as long as U.S. authorities can guarantee their
54 protection.
55

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1 k. Confinement benefits In addition to the benefits at paragraph 5-22b,
2 CI’s placed in confinement in connection with judicial proceedings
3 will be permitted to receive one relief parcel each month.
4
5 5-25. Civilian Internee Employment
6
7 a. CCDR may issue implementing instructions governing the
8 employment and compensation of the CI consistent with these
9 regulations. Copies of such instructions will be forwarded promptly
10 to OPMG.
11
12 b. The CI will be employed, so far as possible, in work necessary for
13 the construction, administration, management and maintenance of
14 the CI internment facilities.
15
16 c. The CI compensation procedures will be accomplished in
17 accordance with DFAS-IN Regulation 37-1.
18
19 5-26. Ability to perform labor
20
21 a. The CI will be required to perform any work consistent with their age
22 and physical condition and in accordance with this regulation.
23
24 b. The CI under 18 years of age will not be compelled to work.
25
26 5-27. Authorized work
27
28 a. Compulsory. The CI may be compelled to perform only the following
29 type of work:
30
31 (1) Administrative, maintenance and domestic work in an internment
32 facility.
33
34 (2) Duties connected with the protection of the CI against aerial
35 bombardment or other war risks.
36
37 (3) Medical duties, if they are professionally and technically
38 qualified.
39
40 b. Voluntary. Subject to the provisions of paragraph 3-20 and to other
41 restrictions as may be imposed by the CCDR, CI may volunteer for,
42 but may not be compelled to perform, work of any type without
43 regard to the military character, purpose or classification of the work.
44 They will be free to terminate such work at any time subject to having
45 labored for six weeks and having given an eight-day notice.
46
47 5-28. Unauthorized work
48
49 The criteria for unauthorized work for CI is the same as those for EPW/RP.
50 See paragraphs 3-19, 3-21 and 3-22, above.
51
52 5-29. Working conditions
53

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1 The working conditions for the CI, to include wages, hours of labor, previous
2 training and compensation, protective clothing, equipment and safety devices,
3 wages, hours of labor, previous training and compensation will be at least as
4 favorable as those prescribed for the civilian population of the occupied
5 territory by the national laws and regulations and as provided for in existing
6 practice. In no case will the working conditions for the CI be inferior to those
7 for the civilian population employed in work of the same nature and in the
8 same district.
9
10 5-30. Paid work
11
12 The following are types of work for which the CI will be compensated:
13
14 a. Services, including domestic tasks, in connection with administering
15 and maintaining CI internment facilities, branch internment facilities
16 and hospitals when the CI performs these services permanently.
17
18 b. Spiritual and medical duties performed by the CI on behalf of their
19 fellow CI.
20
21 c. Services as members and as assistants to the members of the
22 internee committee. These persons will be paid from the internment
23 facility Civilian Internee Account. If there is no such account, they
24 will be paid the prescribed rate from U.S. Army appropriated funds.
25
26 d. All types of work that the CI does not have to do but does voluntarily.
27
28 5-31. Unpaid work
29
30 The criteria for unpaid work for CI are the same as for EPW/RP. See
31 paragraph 3-37, above.
32
33 5-32. Compensation for paid work
34
35 The daily compensation that the CI will receive for paid work will be
36 announced by the OPMG, ATTN: DAPM-MPD at an appropriate time
37 subsequent to an outbreak of hostilities.
38
39 a. A daily pay rate will be established for position based work such as;
40 RP, internee committee member, committee member’s assistant.
41
42 b. A hour pay rate will be established for general labor.
43
44 c. Piece work or task system pay rates may be established if applicable;
45 submit request with justification to OPMG, ATTN: DAPM-MPD.
46
47 d. Detainees may only be paid under one pay rate each day. Example: a
48 committee member’s assistant who receives pay at the daily rate is
49 ineligible to be paid for general labor or piece work on the same day.
50
51 e. The CI compensation procedures will be in accordance with DFAS-IN
52 Regulation 37-1.
53

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1 5-33. Disability compensation
2
3 Procedures for CI disability compensation will be the same as those found in
4 paragraph 3-38.
5
6 5-34. Transfers
7
8 a. Authority to transfer. CCDR may direct the transfer of the CI, subject to
9 the following conditions:
10
11 (1) The CI may not be transferred beyond the borders of the
12 occupied country in which interned except when for material
13 reasons it is impossible to avoid such displacement. The CI thus
14 evacuated will be transferred back to the area from which they were
15 evacuated as soon as hostilities in that area have ceased. Third
16 country nationals may be transferred, after appropriate
17 coordination, through the CCDR, with their country of origin.
18
19 (2) Sick, wounded, pregnant or infirmed CI will not be transferred if
20 the journey would be seriously detrimental to the CI’s health.
21
22 (3) If the combat zone draws close to an internment facility, CI may
23 not be transferred unless they can be moved under adequate
24 conditions of safety. However, CI may be moved if they would be
25 exposed to greater risks by remaining than by being transferred.
26
27 b. Notification of transfer.
28
29 (1) The CI to be transferred will be officially advised of their
30 departure and their new postal address in time for them to pack
31 their luggage and notify their next-of-kin. The Internee Committee
32 members to be transferred will be notified in time to acquaint their
33 successors with their duties and related current affairs.
34
35 (2) The TDRC and NDRC will be notified immediately of any CI
36 transferred.
37
38 c. Treatment during transfer.
39
40 (1) Generally, the CI will be transferred under conditions equal to
41 those used for the transfer of personnel of the U.S. military in the
42 occupied territory. If, as an exceptional measure, the CI must be
43 transferred on foot, only those who are in a fit state of health may
44 be so transferred. The CI will not be exposed to excessive fatigue
45 during transfer by foot.
46
47 (2) The sick, wounded, pregnant or infirmed CI will be evacuated
48 through U.S. military medical channels and will remain in medical
49 channels until they are certified "fit for normal internment" by
50 competent medical authorities.
51
52 (3) Potable water and food sufficient in quantity, quality and variety
53 to maintain them in good health will be provided to the CI during
54 transfer.

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1
2 (4) Necessary clothing, adequate shelter and medical attention will
3 be made available.
4
5 (5) Suitable precautions will be taken to prevent CI from escaping
6 and to ensure their safety.
7
8 d. Transfer of personal effects and property.
9
10 (1) The CI will be permitted to take with them their personal effects
11 and property. The weight of their baggage may be limited if the
12 conditions of transfer so require, but in no case will it be limited to
13 less than 55 pounds per CI. The personal property that the CI are
14 unable to carry will be forwarded separately.
15
16 (2) The mail and parcels addressed to CI who have been
17 transferred will be forwarded to them.
18
19 (3) Property, such as that used for religious services or items
20 donated by welfare agencies will be forwarded as community
21 property. These items are not to be considered a part of the 55
22 pounds of personal effects and property that each CI is authorized
23 to take.
24
25 5-35. Releases
26
27 a. General.
28
29 (1) Control and accountability of CI will be maintained until the CI is
30 receipted for by a representative of his country of residence or a
31 designated PP.
32
33 (2) After hostilities cease and subject to the provisions of (3) below,
34 CI will be released as soon as the reasons for their internment are
35 determined by the CCDR to no longer exist.
36
37 (3) The CI who are eligible for release but have judicial
38 proceedings pending for offenses not exclusively subject to
39 disciplinary punishment will be detained until the close of the
40 proceedings. At the discretion of the CDO, the CI may be detained
41 until completion of their sentence. The CI previously sentenced to
42 confinement as judicial punishment may be similarly detained.
43 Lists of the CI held under this guidance will be forwarded to the
44 TDRC and NDRC for transmittal to the PP.
45
46 b. Return of impounded personal effects. Upon release, the CI will be
47 given all articles, moneys or other valuables impounded during internment
48 and will receive in currency the balance of any credit to their accounts. If
49 the CDO directs that any impounded currency or articles be withheld, the CI
50 will be given a receipt.
51
52 c. Cost of transport. The United States will pay the cost of returning the
53 released CI to the places where they were living when interned.
54

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1 d. Medical fitness. The CI will not be admitted into the general population
2 until their medical fitness is determined.
3

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1 Chapter 6 - Unprivileged Enemy Belligerent
2
3 6-1. Definition
4
5 See paragraph 1-3, Explanation of abbreviations and terms. The term unprivileged
6 enemy belligerent refers to persons that are not entitled to combatant immunity who
7 engage in acts against the United States or its coalition partners in violation of the
8 laws and customs of war during an armed conflict. The term unprivileged enemy
9 belligerent is defined to include, but is not limited to an individual
10
11 a. is or was part of Taliban, al Qaeda or other terrorist organization ,
12
13 b. has engaged in hostilities against the United States or its coalition
14 partners, or
15
16 who c. has purposefully and materially supported hostilities against the
17 United States or its coalition partners.
18
19 6-2. Applicability of General Detainee Treatment Policy
20
21 When Unprivileged Enemy Belligerent are under DOD custody and control, the
22 minimum standards for treatment outlined in General Detainee Treatment Policy in
23 paragraph 2-2 of this regulation are applicable.
24
25 6-3. Administrative provisions
26
27 The following administrative provisions apply to Unprivileged Enemy Belligerent:
28
29 a. Unprivileged Enemy Belligerent are not protected persons as defined
30 by the Geneva Conventions; therefore, they are not entitled to EPW,
31 RP or CI status. The DFC should look to the procedures outlined in the
32 GC, as described in Chapter 5 of this regulation for guidance; deviation
33 from these standards should be justified by tactical, operational or
34 strategic security concerns or the need to protect the Unprivileged
35 Enemy Belligerent, other detainees or U.S. forces.
36
37 b. Common Article 3 of the Geneva Conventions of 1949 applies to
38 Unprivileged Enemy Belligerent.
39
40 c. Military prosecutions of alien Unprivileged Enemy Belligerent may be
41 conducted in accordance with the Military Commissions Act of 2009.
42
43 6-4. Authorization to detain Unprivileged Enemy Belligerent
44
45 Detention of Unprivileged Enemy Belligerent in DOD detention facilities is
46 authorized. In the case of the detention of Unprivileged Enemy Belligerent, the
47 following must apply:
48
49 A commander delegated the authority to sign a detention order or a
50 competent authority has considered the circumstances leading to capture
51 and determines the captured persons engaged in or purposefully and
52 materially supported hostilities against the United States or its coalition
53 partners during an armed conflict.

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1 6-5. Evacuation to a detention facility
2
3 An Unprivileged Enemy Belligerent may be evacuated to a detention facility only
4 upon receipt of a detention order authenticated by a responsible commissioned
5 officer of the Armed Forces of the United States specifically delegated such
6 authority by the CDO.
7
8 6-6. Detention orders
9
10 Unprivileged Enemy Belligerent will be provided a copy of their detention order in a
11 language they understand. Unprivileged Enemy Belligerent detention orders will
12 contain, at a minimum, the following information:
13
14 a. The Unprivileged Enemy Belligerent’s personal data to include full
15 name, home address, if known and ISN or Capture Tag number.
16
17 b. A statement of the reason for detention.
18
19 c. Authentication to include the signature of the authenticating officer over
20 his typed name, grade, service number and organization. The redaction of
21 the authenticating officer’s name and service number may be authorized for
22 security reasons.
23
24 d. Notice of the periodic review policy as appropriate.
25
26 6-7. Custodial security
27
28 The degree of security and control exercised over Unprivileged Enemy
29 Belligerent will be determined by tactical, operational and strategic concerns.
30
31 6-8. Custodial segregation
32
33 Unprivileged Enemy Belligerent may be administratively segregated as
34 necessary. Unprivileged Enemy Belligerent shall not be detained in a facility
35 housing any other category of detainee without prior approval from first
36 general/flag officer in the DFC’s chain of command. Segregation must be
37 employed effectively in order to protect vulnerable detainee groups or
38 individuals from exploitation by others. Unprivileged Enemy Belligerent may
39 also be segregated to prevent them from harming others or themselves. They
40 may also be segregated to prevent Unprivileged Enemy Belligerents from
41 organizing disturbances or attacks or continued participation in hostile activities
42 within the detention facility. Sentenced prisoners [paragraph. 5-5b, above] will
43 be segregated from other Unprivileged Enemy Belligerents unless authorized
44 by the first general officer in the chain of command. Separation used solely for
45 intelligence purposes is not permitted, except as authorized by FM 2-22.3
46 subject to specific approval requirements and limitations on its use [see FM 2-
47 22.3].‖
48
49 6-9. Periodic review of status determinations of Unprivileged
50 Enemy Belligerent
51
52 Unprivileged Enemy Belligerent shall have the basis for their detention reviewed
53 periodically by a competent authority. Such review should occur at least
54 annually; or, when new factual information, that was not previously provided to

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1 the competent authority and is material to the detainee’s status, becomes
2 available. The periodic review should be conducted in accordance with the
3 procedures found in paragraph 2-5(f) of this regulation.
4
5 6-10. Unprivileged Enemy Belligerent Administration
6
7 a. Unprivileged Enemy Belligerents will be administered and housed
8 separately from other detainee categories and in accordance with their
9 security requirements unless prior approval is obtained from the first
10 general/flag officer in the DFC’s chain of command.
11
12 b. Complete segregation of female and male Unprivileged Enemy
13 Belligerents will be maintained.
14
15 c. It is DOD policy to assign all detainees, including Unprivileged Enemy
16 Belligerents, ISNs as soon as possible after coming under DOD control,
17 normally within 14 days of capture.
18
19 d. No person, including Unprivileged Enemy Belligerents, in DOD custody
20 or control, regardless of nationality or physical location, shall be subject to
21 cruel, inhuman or degrading treatment or punishment.
22
23 e. No person, including Unprivileged Enemy Belligerents, in DOD custody
24 or control or under detention in a DOD facility shall be subject to any
25 treatment or interrogation approach that is not authorized by and listed in
26 FM 2-22.3.
27
28
29 Chapter 7 – Dislocated civilian and refugee
30
31 7-1. Definition
32
33 a. Dislocated Civilian (DC): A DC is a civilian who has left his or her home
34 for various reasons. A DC is a generic term that is further subdivided into
35 the following categories:
36
37 (1) Displaced Person (DP). A DP is a person who has been
38 dislocated because of war, natural disaster, or political/economic
39 turmoil.
40
41 (2) Evacuee. An evacuee is a civilian who is removed from his
42 place of residence by military direction because of personal security
43 or other requirements of the military situation.
44
45 (3) Stateless Person. A stateless person is a civilian who has been
46 denationalized, whose country of origin cannot be determined, or
47 who cannot establish his right to nationality claimed.
48
49 (4) War Victim. A war victim is a civilian who suffered an injury, a
50 loss of a family member, or damage to or destruction of his home
51 because of war.
52
53 (5) Migrant. A migrant is a worker who moves from one region to
54 another by chance, instinct, or plan.

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1
2
3
4 (6) Internally Displaced Person (IDP). An IDP may have been
5 forced to flee his home for the same reasons as a refugee (defined
6 below), but he or she has not crossed an internationally recognized
7 border.
8
9 (7) Expellee. An expellee is a civilian who is outside the
10 boundaries of his country of nationality or ethnic origin and is being
11 forcibly repatriated to that country or a third country for political or
12 other purposes.
13
14 b. Refugee: Article 1 of the 1951 United Nations Refugee Convention
15 defines a refugee as ―[a] person who is outside his or her country of
16 nationality or habitual residence; has a well-founded fear of persecution
17 because of his or her race, religion, or nationality, membership of a
18 particular social group or political opinion; and is unable or unwilling to avail
19 himself or herself of the protection of that country, or to return there, for fear
20 of persecution.‖
21
22 7-2. Policy and Practice
23
24 a. Policy. In the course of military operations, individuals from one or more
25 of the above-listed categories may come under the control of U.S. military
26 forces. Under such circumstances, U.S. forces will, at an absolute
27 minimum, adhere to the requirements of DoDD 2310.01E,The Department
28 of Defense Detainee Program, which provides that ―[all persons...[under]
29 the control of DoD personnel…will be given humane treatment and care
30 from the moment they fall into the hands of DoD personnel until release,
31 transfer out of DoD control, or repatriation.‖ In accordance with DoDD
32 2310.01E, humane treatment and care include, but are not limited to:
33 adequate food, drinking water, shelter, clothing, and medical treatment.
34 When conditions permit more than the minimum standards outlined by
35 DoDD 2310.01E, U.S. forces will provide these individuals with the relevant
36 protections contained in The Geneva Convention Relative to the Protection
37 of Civilian Persons in Time of War (GC IV).
38
39 b. Practice. Unit commanders and Soldiers will not make official
40 determinations regarding a person’s status as a dislocated civilian or a
41 refugee. As discussed above, all persons under U.S. military control will be
42 protected and treated humanely regardless of status. Questions regarding
43 an individual’s legal status should be directed to the unit’s servicing Judge
44 Advocate.
45
46 c. Political asylum and temporary refuge. U.S. Military personnel may, on
47 occasion, receive requests for political asylum or temporary refuge. While
48 DoD personnel are not authorized to officially grant political asylum they
49 may provide temporary refuge while the individual’s request is processed
50 through proper channels. Army personnel who receive requests for political
51 asylum or temporary refuge will follow the rules and procedures set forth by
52 Army Regulation 550-1, Processing Requests for Political Asylum and
53 Temporary Refuge. Key provisions of this regulation include the following:
54

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1 (1) The United States will give foreign nationals full opportunity to
2 have their requests for political asylum considered on their merits.
3
4 (2) Persons seeking political asylum will not be surrendered to a
5 foreign jurisdiction except as directed by the Secretary of the Army.
6
7 (3) The United States will not grant political asylum at its
8 installations or facilities located within the territorial jurisdiction of a
9 foreign country or while in foreign territorial waters. This applies
10 whether the person requesting asylum is a national of the host
11 country or a third country. Requests for asylum received from third
12 country nationals (nationals of other than the host country) normally
13 are matters within the rights and responsibilities of the host country.
14 These cases will be coordinated with the host country through the
15 appropriate American Embassy or consulate, in accordance with
16 procedures established by the Chief of the U.S. Diplomatic Mission.
17
18 (4) Temporary refuge. The United States, in appropriate cases, will
19 grant temporary refuge in a foreign country or on the high seas to
20 nationals of any country.
21

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1 Appendix A
2 References
3
4 Section I
5 Required Publications
6
7 DFAS-IN Regulation 37-1 (Cited in para 3-9j.)
8 Finance and Accounting Policy Implementation.
9
10 AR 40–3
11 Medical, Dental and Veterinary Care. (Cited in para 1-4i.)
12
13 AR 190–45
14 Serious Incident Reporting. (Cited in para 2-10)
15
16 AR 195-5
17 Evidence Procedures
18
19 AR 381-100
20 The Army Human Intelligence (HUMINT) Program
21
22
23 AR 385-10
24 Army Safety Program, (Cited in para 3-26)
25
26 AR 600–25
27 Salutes, Honors and Visits of Courtesy. (Cited in para 3-12).
28
29 AR 600–55
30 The Army Driver and Operator Standardization Program (Selection,
31 Training, Testing and Licensing). (Cited in para 3-39)
32
33 AR 638–2
34 Care and Disposition of Remains and Disposition of Personal Effects. (Cited in
35 para 5-25f).
36
37 FM 5-19
38 Composite Risk Management (Cited in para 3-26)
39
40 FM 2-22.3
41 Human Intelligence Collector Operations (Cited in para 2-3g)
42
43 FM 22–5
44 Drill and Ceremonies. (Cited in para 3-12)
45
46 FM 3-39.40
47 Internment and Resettlement Operations
48
49 FMI 4-02.46
50 Medical Support to Detainee Operations (Cited in para 2-4)
51
52 DODI 2310.08E
53 Medical Program Support for Detainee Operations (Cited in Appendix D)
54

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1 DODD 2310.01E
2 DOD Detainee Program. (Cited in para 1-1b.)
3
4 DODD 2311.01E
5 DOD Law of War Program. (Cited in para 1-1b)
6
7 DODD 3115.09
8 DOD Intelligence Interrogations, Detainee Debriefings and Tactical
9 Questioning (Cited in para 2-1 and Appendix C)
10
11 JP 3-63
12 Detainee Operations
13
14
15 Geneva Conventions of 1949
16 Include: the Geneva Convention Relative to the Amelioration of the Condition
17 of the Wounded and Sick in Armed Forces in the Field (1949) (GWS); The
18 Geneva Convention for the Amelioration of the Condition of Wounded, Sick
19 and Shipwrecked Members of Armed Forces at Sea (1949) (GWS (Sea)); the
20 Geneva Convention Relative to the Treatment of Prisoners of War (1949)
21 (GPW); the Geneva Convention Relative to the Protection of Civilian Persons
22 in Time of War (1949) (GC). (Cited throughout).
23
24
25
26 Section II
27 Related Publications
28 A related publication is merely a source of additional information.
29 The user does not have to read it to understand this regulation.
30
31 AR 40–66
32 Medical Record Administration.
33
34 AR 40–400
35 Patient Administration.
36
37 AR 55–355
38 Defense Traffic Management Regulation. (NAVSUPINST 4600.70,
39 AFR 75-2, MCO P4600.14B, DLAR 4500.3
40
41 AR 190–14
42 Carrying of Firearms and Use of Force for Law Enforcement and
43 Security Duties.
44
45 AR 190–47
46 The Army Corrections System
47
48 AR 350-1
49 Army Training and Leader Development
50
51 AR 355–15
52 Management Information Control System.
53
54 AR 380–5
55 Department of the Army Information Security Program.

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1
2 AR 985 series
3 Army Safety Program.
4
5 DA PAM 27–1
6 Treaties Governing Land Warfare.
7
8 FM 33–1
9 Psychological Operations
10
11 AF Handbook (AFH) 31–302
12 Air Base Defense and Contingency Operations Guidance and
13 Procedures.
14
15 SECNAVINST 3461.3
16 Program for Prisoners of War and Other Detainees.
17
18 Hague Convention No IV of 1907 Respecting the Law and Customs of War on Land
19
20 Detainee Treatment Act, Section 2000dd of Title 42
21
22 USC War Crimes Act, Section 2441 of Title 18
23
24 USC Military Extraterritorial Jurisdiction Act, Sections 3261-3267 of Title 18
25
26 USC MCM 2008 CJCSI 5810.01D Implementation of the DOD Law of War Program
27
28 CJCSI 3290.01C
29 Program for Enemy Prisoners of War
30
31 AFI 51-401
32 Training and Reporting to Ensure Compliance with the Law of Armed Conflict
33
34 MCO 3300.4
35 Marine Corps Law of War Program
36
37 SECNAVINST 3300.1A
38 Department of the Navy Law of War Program
39
40 SEVNAVINST 3461.3
41 Program for Prisoners of War and Other Detainees
42
43 FM 19-40
44 Handling Prisoners of War
45
46 FM 27-10
47 The Law of Land Warfare
48
49 DA PAM 27-9-1
50 Military Judge's Benchbook for Trial of Enemy Prisoners of War
51
52 DA Pam 27-9-2
53 Military Judge's Benchbook for Provost Courts
54
55

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1
2
3
4 AFPD 51-4
5 Compliance with the Law of Armed Conflict
6
7 TC 27-10-2
8 Prisoners of War
9
10 Section III
11 Prescribed Forms
12
13 DD Form 551
14 Record of Internment (Prescribed in para 5-25f).
15
16 SF 600
17 Medical Record – Chronological Record of Medical Care (Prescribed by para
18 3-9c).
19
20 DD 2708
21 Receipt for Inmate or Detained Person (Prescribed by para 2-3l).
22
23 DD 2808
24 Report of Medical Examination (Prescribed by para 3-9c).
25
26 DA Form 2662–R
27 EPW Identity Card. (Prescribed in para 3-4b)
28
29 DA Form 2663–R
30 Fingerprint Card. (Prescribed in para 5-14i)
31
32 DA Form 2664–R
33 Weight Register. (Prescribed in para 3-9c)
34
35 DA Form 2666–R
36 Prisoner of War - Notification of Address. (Prescribed in para 3-
37 11e)
38
39 DA Form 2667–R
40 Prisoner of War Mail - Letter. (Prescribed in para 3-12e)
41
42 DA Form 2668–R
43 Prisoner of War Mail - Post Card. (Prescribed in para 3-12e)
44
45 DA Form 2675-R
46 Certificate of Work-Incurred Injury or Disability. (Prescribed in para 5-18f)
47
48 DA Form 2679-R
49 Civilian Internee Letter. (Prescribed in para 5-19a)
50
51 DA Form 2680-R
52 Civilian Internee Post Card. (Prescribed in para 5-19a)
53
54 DA Form 4137
55 Evidence/Property Custody Document (Prescribed in para 2.-3i)

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1 Appendix B
2 Internment Serial Number
3
4
5 The internment serial number (ISN) is a unique identification number provided by
6 the NDRC/TDRC and assigned to each EPW, RP and CI detained by the U.S.
7 Armed Forces. TDRC/NDRC accountability for persons detained by the U.S. is
8 established when the ISN is assigned. Each person may only be assigned one ISN.
9 The ISN will consist of three components, with the first two
10 separated by a dash as follows:
11
12 a. First Component. The first component will contain five characters. The first
13 two will be the alpha-character diagraph ’US’. The third character will be
14 either the alpha or numeric designation for the command/theater under which
15 the EPW, RP and CI came into the custody of the U.S. The fourth and fifth
16 positions are alpha-characters designating the EPW, RP and CI serving
17 power.
18
19 b. Second Component. The second component is a six character numeric
20 identifier. These numbers will be assigned consecutively to all EPW, RP and
21 CI processed through ISN assigning organizations. The TDRC will assign
22 blocks of numbers to ISN assigning organization/elements in the supported
23 theater.
24
25 c. Third Component. The third component will consist of an acronym
26 identifying the classification of the individual: EPW, RP or CI, to represent
27 Enemy Prisoner of War, Retained Person or Civilian Internee, respectively.
28 Should an individual that was initially classified as an EPW later be determined
29 to be a medically or religiously qualified Retained Person, the classification
30 may be changed to ―RP‖ with the approval of the EPW command/brigade.
31
32 d. Example. The first EPW processed by an ISN assigning organization in a
33 theater designated as ―9‖and whose country was designated as ―AB‖ will be
34 assigned the following ISN: US9AB- 00000l-EPW. The tenth such EPW
35 processed by the same command will be assigned the ISN of: US9AB-0000l0-
36 EPW. If the eleventh individual processed by the same command was an RP
37 and the fifteenth a CI, their ISNs would be: US9AB-0000ll-RP and US9AB-
38 0000l5-CI, respectively.
39
40 e. EPW transferred to the United States without having been assigned an ISN
41 and those captured within the United States will be processed and assigned
42 an ISN as above, by NDRC.
43

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1 Appendix C
2 Detainee Operations Training and Certification Criteria
3
4 C-1. Purpose and Applicability.
5
6 This appendix establishes the baseline training and certification requirements for all
7 non-medical DOD personnel subject to this regulation, including all employees of
8 DOD components, members of the Armed Forces and DOD contractors assigned to
9 or supporting DOD components engaged in conducting, participating in or
10 supporting detainee operations. The purpose of the training and certification criteria
11 is to ensure that all DOD personnel are appropriately qualified and familiar with
12 detainee operations policy, doctrine and tactics, techniques and procedures.
13
14 The training and certification criteria for DOD medical personnel are contained in
15 Appendix D.
16
17 The basic training and certification criteria of DOD interrogators are addressed in
18 DOD Directive 3115.09, DOD Intelligence Interrogations, Detainee Debriefings and
19 Tactical Questioning and Field Manual 2-22.3, Human Intelligence Collector
20 Operations.
21
22 The predeployment training provisions of this appendix do not apply to personnel
23 that have completed Military Occupational Specialty (MOS) 31E
24 (Internment/Resettlement Specialist) training course at USAMPS or other equivalent
25 courses as certified by the Commandant, United States Army Military Police School
26 (USAMPS).
27
28 C-2. Authority.
29
30 Per DOD Directive 2310.01E, The DOD Detainee Program, the Secretary of the
31 Army is the Executive Agent for administration of DOD detainee operations policy
32 and is responsible for the establishment of detainee operations training and
33 certification standards, in coordination with the Secretaries of the Military
34 Departments and the Joint Staff.
35
36 C-3. Training Requirements.
37
38 a. Annual. All US military personnel, Federal employees and civilian
39 contractors engaged in handling individuals detained by the
40 Department of Defense, including employees from other
41 government agencies working at DOD facilities, shall complete
42 annual training on the law of war, including the obligations of the
43 United States under domestic and international law. The training
44 will be consistent with established Department directives, policies
45 and regulations.
46
47 b. Predeployment.
48
49 (1) Deployment training for detainee operations missions is
50 conducted for all personnel other than internment specialists
51 (including contractors) under orders for deployment to
52 exclusively or primarily perform a detainee operations mission.
53 At a minimum, such deployment training should include
54 instruction in the tasks listed below.

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1
2 (2) For guard force personnel the training should include:
3
4 (a) Communicate with Detainees (IPC Skills)
5 (b) Geneva Convention (Humane Treatment of Detainees)
6 (c) Main Gate/Sally Port Procedures
7 (d) In-Process and Release a Detainee
8 (e) Conduct Contraband Control Procedures
9 (f) Perform Security and Control Activities
10 (g) Accountability Procedures
11 (h) Visitation Procedures
12 (i) React Using Unarmed Self-Defense Techniques
13 (j) Restraint Procedures
14 (k) Escort Procedures
15 (l) Tower Guard Duties
16 (m) Cell Block & Compound Operations
17 (n) Meal Procedures
18 (o) Special Housing Unit (SHU) Procedures
19 (p) Non Lethal Weapons Capabilities
20 (q) OC Use within Detainee Operations
21 (r) Use a Riot Baton and Shield
22 (s) Use of Force / Priorities of Force
23 (t) Emergency Actions Plans
24 (u) Participate in Riot Control Formations
25 (v) Effective Report Writing
26 (w) Conduct Transfer Operations
27 (x) All personnel will also participate in an appropriate
28 Mission Rehearsal Exercise (MRX) as a condition of
29 certification.
30 (y) Law of War
31
32 (3) For all personnel other than guard force personnel
33 assigned to an internment facility, the training should include:
34
35 (a) Communicate with Detainees (IPC Skills)
36 (b) Geneva Convention (Humane Treatment of Detainees)
37 (c) Conduct Contraband Control Procedures
38 (d) Perform Security and Control Activities
39 (e) Accountability Procedures
40 (f) React Using Unarmed Self-Defense Techniques
41 (g) Restraint Procedures
42 (h) Escort Procedures
43 (i) Nonlethal Weapons Capabilities
44 (j) Use of Force / Priorities of Force
45 (k) Emergency Actions Plans
46 (l) Effective Report Writing
47 (m) All personnel will also participate in an appropriate
48 Mission Rehearsal Exercise (MRX) as a condition of
49 certification.
50 (n) Law of War
51
52 (4) The proponent and exception authority for the content for
53 predeployment detainee operations training is the Commandant, USAMPS.
54 Additional theater-specific detainee operations tasks may be identified by

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1 CCDRs to the Commandant, USAMPS for inclusion in predeployment
2 detainee operations training.
3
4 c. In-theater sustainment training. In-theater certification and
5 sustainment training will be conducted at the discretion of the CCDR in accordance
6 with COCOM policies and directives.
7
8 C-4. Certification. Each individual who is required to attend detainee operations
9 training will have their satisfactory completion of the training individually recorded by
10 the certification authority listed below.
11
12 a. Annual – Units/individuals will be certified as meeting training
13 requirements in accordance with appropriate military department or DOD
14 organizational procedures. Records of such certifications will maintained and
15 provided to the proponent of this regulation upon request
16
17 b. Predeployment – Units/individuals will be certified as meeting
18 training requirements in accordance with appropriate military department or DOD
19 organizational procedures. Records of such certifications will be maintained and
20 provided to the proponent of this regulation upon request.
21
22 c. Sustainment – The Detention Facility Commander will be the
23 certification authority who will record the satisfactory completion of training for
24 personnel assigned to a detention facility; the unit commander will be the
25 certification authority who will record the satisfactory completion of training for other
26 personnel. Records of such certifications will be maintained and provided to the
27 proponent of this regulation upon request.
28
29 C-5. Combat Waivers.
30
31 In active war zones, the first General/Flag Officer or civilian equivalent in the chain
32 of command may waive the training requirements in paragraph C-3, with the
33 exception of the annual law of war training requirements. This waiver will be
34 granted in writing, on a temporary by name basis to satisfy an urgent operational
35 need.
36
37

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1 Appendix D
2 Detainee Operations Training and Certification Criteria for
3 Medical Personnel
4
5 D-1. Purpose and Applicability.
6
7 This appendix establishes the baseline training and certification requirements for all
8 DOD medical personnel subject to this regulation, including all employees of DOD
9 components, members of the Armed Forces and DOD contractors assigned to or
10 supporting DOD components engaged in conducting, participating in or supporting
11 detainee operations. The purpose of the training and certification criteria is to
12 ensure that all DOD personnel are qualified and familiar with detainee medical
13 operations policy, doctrine and procedures.
14
15 D-2. Authority.
16
17 Per DODD 2310.01E, the Secretary of the Army is the Executive Agent for
18 administration of DOD detainee operations policy and is responsible for the
19 establishment of detainee operations training and certification standards. Per DODI
20 2310.08E, the Secretary of the Army, as Executive Agent for administration of DOD
21 detainee operations policy, is responsible for the establishment of detainee medical
22 operations training and certification standards. Per ASD(HA) Policy 05-019, The
23 Surgeon General of the Army is responsible for developing and maintaining
24 detainee health care operations and ethics training for all military medical
25 personnel.
26
27 D-3. Training System.
28
29 a. Medical Soldiers and leaders require training on detainee medical
30 operations throughout their military careers, commensurate with their duties and
31 responsibilities. Detainee medical operations training will be conducted at the
32 following levels.
33
34 (1) Level A training (initial training) is conducted during initial entry
35 training for all enlisted personnel and during basic courses of
36 instruction for all warrant officers and commissioned officers.
37 (2) Level B training (refresher training) is incorporated into all
38 AMEDD officer and enlisted career development courses.
39 (3) Level C training (deployment training) is conducted for all
40 medical personnel other than those in units providing direct
41 medical support to internment facilities (including contractors)
42 under orders for deployment or when directed by appropriate
43 authority. This training will be taken by all required personnel
44 who have not had the training within a year prior to the date of
45 deployment.
46 (4) Level D training (collective training for units providing direct
47 medical support to internment facilities) is conducted for units
48 whose primary responsibility is medical support to internment
49 facilities.
50 (5) Familiarity with the management of suicidal detainees.
51
52 b. The proponent and exception authority for the content for all
53 medical support to detainee operations training is the Commandant, United States
54 Army Medical Department Center & School (AMEDDC&S).

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1
2 D-4. Training Standards.
3
4 a. Basic Medical Ethics and Detainee Health Care Operations Course.
5 The purpose of this course is to equip all personnel who may provide health care to
6 detainees to be familiar with DoD policy regarding detainee operations and have the
7 skills and knowledge to implement that policy. It is also the intent of this course that
8 all medical personnel who may observe or examine detainees and detainee
9 operations be able to recognize possible abuse of detainees and take appropriate
10 steps to report it, even if they are not themselves rendering care to the detainees.
11 The basic course consists of a combination of twenty-two web-based lessons and
12 exams:
13
14 (1) Cultural training – When providing medical care to the detainee
15 population, the learner will use his knowledge of the cultural
16 factors that influence the behaviors and attitudes of individuals
17 in a specific cultural society
18 (2) Geneva Conventions – When providing medical care to a
19 detainee, the learner will follow the rules of the Geneva
20 Conventions even when detainees commit acts against the
21 rules of the Geneva Conventions
22 (3) Law of War – The learner will comply with the Law of War and
23 will disobey and report any known or suspected unlawful order
24 through the appropriate channels.
25 (4) Medical Ethics – When providing medical care to the detainee
26 population, the learner will provide the same level of care to all
27 detainees. This level of care should comply with the standards
28 set by medical ethics and the requirements of applicable U.S.
29 and international law.
30 (5) Medical Care of Detainees – Given a detention facility, the
31 learner will provide detainees with medical care that meets
32 established standards. When providing medical care to a
33 detainee, the learner will comply with the standards set by
34 general medical principles, medical obligations, tenets of
35 detention health care and all other rules and regulations of
36 detainee health care.
37 (6) Repatriation – The learner will be able to identify who can be
38 medically repatriated and recognize if the procedures for
39 medical repatriation are followed correctly
40 (7) Medical Records –Ensure medical records of detainees are
41 identified by ISN, adequately documented and maintained from
42 the time a detainee is initially detained to his transfer, death or
43 release/repatriation. Following a detainee’s transfer, death or
44 release/repatriation; properly retire the record, distinguishing
45 between inpatient and outpatient care.
46 (a) Retire the medical record of detainees that received only
47 outpatient care directly to the TDRC; except in the case of
48 death.
49 (b) Retire the medical record of detainees that received
50 inpatient and all deaths to PASBA for professional review.
51 Following professional review records are to be returned to
52 the AOR TDRC.
53 (8) Screening – When conducting medical examinations of the
54 detainee population, the learner will conduct medical
55 examinations that meet established standards. If the learner is

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1 requested to conduct or witnesses an examination of detainee
2 that is not for valid medical purposes or does not meet
3 established standards, the learner will report this through the
4 appropriate channels
5 (9) Signs of Abuse – Given the stressful conditions of a detention
6 facility, the learner will follow the policies set for the prevention
7 of detainee abuse and properly report any suspected or known
8 abuse/torture against a detainee to appropriate authorities or
9 MCIO.
10 (10) Organizational relationships – When involved in detainee
11 operations, the learner will recognize the responsibilities of the
12 military police, military intelligence, the International Committee
13 of the Red Cross and other Non Governmental Organizations.
14 (11) Preventive Medicine – Given preventive medicine
15 requirements for detention facilities, the learner will recognize
16 and report all potential medical health risks to the appropriate
17 preventive medicine personnel.
18 (12) Planning considerations – When deploying to a detention
19 facility, the learner will consider various planning variables.
20
21 b. Advance Medical Ethics and Detainee Health Care Operations
22 Course. The purpose of this course is to provide training that ensures all personnel
23 who will be providing medical treatment to detainees, and who will soon deploy to a
24 detainee facility, be familiar with DoD policy regarding detainee operations, and
25 have the skills and knowledge to implement that DoD policy. The basic course is a
26 prerequisite for the advanced course. The advance course consists of a
27 combination of fourteen web-based lessons and exams:
28
29 (1) Detainee Medical Status – The learner will review the
30 classifications of retained personnel and detainees, as well the
31 duties, rights and obligations of detainees
32 (2) Law of Land Warfare and the Geneva Conventions – The
33 learner will review the basic principles of the Law of War and
34 the Geneva Conventions. When providing medical care to
35 detainees, the learner will comply with the principles of the Law
36 of War and the Geneva Conventions.
37 (3) Ethical Considerations for the Medical Treatment of Detainees
38 – The learner will review the ethical conditions for the medical
39 treatment of detainees. When deployed within a stressful
40 detention facility environment, the learner will provide the same
41 role of care to all detainees. This level of Care should comply
42 with the standards set by medical ethics and the requirements
43 of international law.
44 (4) Medical Personnel Roles and Functions – The learner will
45 review the roles and relationships of personnel involved in
46 detainee operations.
47 (5) General Considerations with Detainee Health care Operations
48 – The learner will review basic cultural considerations of the
49 society and security considerations of the detainee population.
50 As a Medical provider, the learner will use his knowledge of
51 the culture to improve the quality of health care provided to a
52 detainee. As a medical provider assigned to an internment
53 facility, the learner will observe appropriate security
54 precautions when in the presence of a detainee and ensure
55 military police are always present.

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1 (6) Care at the Internment Facility – The learner will review
2 information pertaining to the medical screening of detainees.
3 As a health care provider assigned to an internment facility, the
4 learner will conduct regular medical screenings of detainees
5 following established regulations and policies and report any
6 signs of abuse against detainees through the Chain of
7 Command.
8 (7) Functional Specialties and Detainee Operations – The learner
9 will be familiar with the responsibilities that functional
10 specialties have in providing detainees medical care.
11 (8) Medical Code of Conduct in Detainee Operations – As a health
12 care provider assigned to detention facility, the learner will
13 ensure that his actions, both on and off duty, do not undermine
14 his ability to function affectively among detainees or
15 compromise established health care, safety, security and
16 custody of guidelines.
17 (9) Medical management of Hunger Strikes – As a health care
18 provider assigned to a detention facility, the learner will be able
19 to recognize detainees who go on hunger strikes as well as the
20 symptoms hunger strikes will exhibit overtime and provide
21 appropriate medical treatment to the hunger strikes.
22 (10) Ethical and Legal Issues regarding Hunger Strikes - As a
23 health care provider assigned to a detention facility, the learner
24 will become familiar with the medical and legal issues
25 regarding hunger strikes. As a health care provider assigned
26 to a detention facility, the learner will comply with DOD
27 standards when determining how to treat a detainee on a
28 hunger strike.
29
30 c. Collective Training consists of unit collective training in a field
31 environment. Medical units assigned to direct medical support of detainee
32 operations are trained at training facilities that replicate as completely as possible
33 the actual site to which the unit will be deployed. Every effort is made to
34 synchronize the medical unit training with the training of Military Police units that will
35 be assigned detainee guard duty at the same location. At a minimum, the following
36 topics are covered through a combination of didactic presentations and practical
37 exercises. Training content is updated continuously based on the evolving mission
38 and lessons learned. Ethical considerations are interwoven throughout the
39 curriculum.
40
41 (1) Cultural Training *
42 (2) Geneva Conventions (Humane Treatment of Detainees) *
43 (3) Law of War *
44 (4) OPSEC/SAEDA *
45 (5) Rules for Use of Force
46 (6) Overview of Correctional/Detention Medicine
47 (7) Overview of Interrogation Operations *
48 • Description of Mission and Methods
49 • Appropriate Interrogator Requests For Information (Medical)
50 (8) Detainee Medical Challenges
51 (9) Medication Distribution
52 (10) Emergency Response Team (ERT)
53 (11) Introduction to Guard Operations - Detect Symptoms of
54 Unusual or Deviant Behavior of Detainees
55 (12) Detainee Interaction Skills and Scenarios

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1 • Observe Detainees in Close Confinement
2 • Interact with Detainees
3 • Interpersonal Communications Skills
4 • Medication Distribution
5 • IV/Blood Draw
6 • Respond to Code
7 (13) Administrative Issues
8 • Introduction to DoD Detainee Database of Record
9 • Prepare Observation and Disciplinary Reports
10 • Prepare DA 2823 (Sworn Statements)
11 • Maintain Detainee Medical Records *
12 (14) Nutrition and the Detainee Population
13 • Hunger Strike SOP
14 • Feeding Block Operations
15 (15) Mass Casualty Incident
16 (16) Behavioral Health Screening
17
18 * Topic may be trained at home station.
19
20
21 Note: Those MEDCOM (DS) personnel working as Behavioral Science Consultants
22 to intelligence collection and detention operations do not routinely provide health
23 care, either to U.S. personnel or detainees. Training requirements for members of
24 Behavioral Science Consultation Teams (psychologists, psychiatrists and
25 behavioral health technicians) are specified in OTSG/MEDCOM Policy Memo 06-
26 029, "Behavioral Science Consultation Policy."
27
28

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1 Glossary
2
3 Section I
4
5 Abbreviations
6
7 ADP
8 automated data processing
9
10 APO
11 Army Post Office
12
13 CCDR
14 Combatant Commander
15
16 CDO
17 Commander, Detainee Operations
18
19 Cdr
20 Commander
21
22 CI
23 Civilian Internee(s)
24
25 COCOM
26 Combatant Command
27
28 COD
29 Cash on Delivery
30
31 CONUS
32 Continental United States
33
34 CTA
35 Central Tracing Agency
36
37 DA
38 Department of the Army
39
40 DAR
41 Defense Acquisition Regulation
42
43 DC
44 Dislocated Civilian
45
46 DCS, G-1
47 Deputy Chief of Staff, Personnel
48
49 DCS, G-2
50 Deputy Chief of Staff, Intelligence
51
52 DCS, G-3/5/7
53 Deputy Chief of Staff, Operations and Plans
54
55 DCS, G-4

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1 Deputy Chief of Staff, Logistics
2
3 DFC
4 Detention Facility Commander
5
6 DFAS
7 Defense Finance and Accounting Service
8
9
10 DOD
11 Department of Defense
12
13 DRMO
14 Defense Reutilization and Marketing Office
15
16 DRS
17 Detainee Reporting System
18
19 DSB
20 Detainee Services Branch
21
22 EPW
23 enemy prisoner of war
24
25 FAO
26 finance and accounting officer
27
28 FBI
29 Federal Bureau of Investigation
30
31 FORSCOM
32 Forces Command
33
34 GC
35 Geneva Convention Relative to the Protection of Civilian Persons in Time of War
36 (1949)
37
38 GCMCA
39 General Court-Martial Convening Authority
40
41 GPW
42 Geneva Convention Relative to the Treatment of Prisoners of War
43
44 GWS
45 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick
46 in Armed Forces in the Field (1949)
47
48 GWS (SEA)
49 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and
50 Shipwrecked Members of Armed Forces at Sea (1949)
51
52 HQDA
53 Headquarters, Department of the Army
54
55 HSC

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1 U.S. Army Health Services Command
2
3 ICRC
4 International Committee of the Red Cross
5
6 ISN
7 internment serial number
8 JOA
9 Joint Operating Area
10
11 JCS
12 Joint Chiefs of Staff
13
14 NCO
15 noncommissioned officer
16
17 OD
18 Other Detainee
19
20 OPMG
21 Office of the Provost Marshal General
22
23 OSD
24 Office of the Secretary of Defense
25
26 MMC
27 Mixed Medical Commission
28
29 NDRC
30 National Detainee Reporting Center
31
32 PP
33 Protecting Power
34
35 PSYOP
36 psychological operations
37
38 RP
39 retained personnel
40
41 ROE
42 rules of engagement
43
44 ROK
45 Republic of Korea
46
47 SJA
48 staff judge advocate
49
50 TDRC
51 Theater Detainee Reporting System
52
53 TJAG
54 The Judge Advocate General
55

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1 TRADOC
2 U.S. Army Training and Doctrine Command
3
4 TSG
5 The Surgeon General
6
7 TST
8 tuberculin skin test
9
10 UCMJ
11 Uniform Code of Military Justice
12
13 UNSCR
14 United Nations Security Council Resolution
15
16 USAMPS
17 United States Army Military Police School
18
19
20 USFK
21 U.S. Armed Forces, Korea
22
23
24 Section II
25 Terms
26
27 Canteen
28 A facility set up for the sale of authorized services and items of merchandise.
29
30 Central Tracing Agency
31 Centralizes tracing requests concerning all persons reported missing during
32 the conflict. Requests are either forwarded by centralized information bureaus
33 or submitted by families via their respective National Red Cross or Red
34 Crescent Societies. The Central Tracing Agency (CTA) then passes them on
35 for processing to the appropriate authorities and forwards replies to the
36 requesters.
37
38 Civilian internee(s)
39 A civilian who is interned during armed conflict or occupation for security
40 reasons, for protection or because he has committed an offense against the
41 Detaining Power.
42
43 Civilian internee account
44 These accounts are established per DFAS Regulation 37-1. They document
45 pay and allowances, canteen receipts, transfers, and balances. These
46 records are maintained under control of the disbursing officer. Deposit Fund
47 Account 21X6501.0001.
48
49 Contract employer
50 Any person, corporation, association, State or municipal government agency
51 or other employer (except DOD) that contracts for work to be done.
52
53 Dependent child internee
54 A child who on request of the interned parents, for compassionate reasons, is
55 accommodated in a CI internment facility with the interned parents.

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1
2 Detainee services Branch
3 Section assigned by the DFC to process detained person at a detention facility
4 into DRS. Responsible for accountability and records of all detained persons
5 under DFC’s control. Granted DIRLAUTH to the TDRC; or, the NDRC if TDRC
6 is not available for detainee administrative and accountability matters.
7
8 Domestic service
9 Such normal household duties as preparing and serving food and the care and
10 repair of clothing.
11
12 Enemy prisoner of war account
13 These accounts are established per DFAS Regulation 37-1. They document
14 pay and allowances, canteen receipts, transfers, and balances. These
15 records are maintained under control of the disbursing officer. Deposit Fund
16 Account 21X6501.0001.
17
18 Military nature
19 Term that applies to those items or those types of construction that are used
20 exclusively by members of the Armed Forces for operational purposes (for
21 example, arms or helmets). Operational purposes are in contrast to items or
22 structures that may be used either by civilian or military personnel (for
23 example, food, soap, buildings, public roads or railroads).
24
25 Military purpose
26 Activities intended primarily or exclusively for military operations as contrasted
27 with activities intended primarily or exclusively for other purposes.
28
29 Personal effects
30 Personal effects the EPW may retain include the following:
31 Clothing,
32 Mess equipment (knives and forks excluded),
33 Badges of rank and nationality,
34 Decorations,
35 Identification cards or tags,
36 Religious literature,
37 Articles that are of a personal use or have a sentimental value to the person
38 and
39 Protective masks.
40
41 Protected person
42 Persons protected by the Geneva Convention who find themselves, in case of
43 a conflict or occupation, in the hands of a party to the conflict or occupying
44 power of which they are not nationals.
45
46 Section III
47 Special Abbreviations and Terms
48 This section contains no entries.
49

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