Detainee Handling

1. Detainee Handling 31 MAY 2007

2. DETAINEE HANDLING

3. DETAINEE • Once contact is made and you begin to search a person; they become known as a DETAINEE, until they’re turned over to higher agencies. • THE TERMS: CAPTURED COMBATANT, POW and EPW may refer back to DETAINEE throughout this presentation.

4. HISTORY • RIGHTS OF CONQUEST • TREATY OF WESTPHALIA • NAPOLEONIC IDEALS • HAGUE AND GENEVA CONVENTIONS • EVOLUTION TO TODAY’S APPLICATION

5. HISTORY • RIGHTS OF CONQUEST- • RESULTED IN TOTAL ERRADICATION OF THAT CIVILIZATION. • KILLING JUST THE MALES AND ENSLAVEMENT OF ONLY THE FEMALES. • LOOTING AND RAPE. • WESTPHALIA-SIGNED CIRCA 1648 A.D. FIRST PEACE TREATY THAT WOULD OUTLINE THE SAFE TREATMENT, RELEASE AND RETURN OF CAPTURED COMBATANTS. • NAPOLEONIC ERA-NAPOLEON WOULD SET UP ‘CARTELS’ IN WHICH POWs WOULD BE ASSIGNED. BASED ON THEIR VALUE HE WOULD USE THEM AS TRADE-UP PIECES TO GAIN ADVANTAGES IN PEACE TREATIES OR SECURE THE SAFE RETURN OF HIS MEN.

6. HISTORY • HAGUE AND GENEVA CONVENTIONS-WOULD OUTLINE LEGAL AND ETHICAL: WHO, WHAT, WHEN, WHERE, WHY AND HOW OF ARMED COMBATANTS, CIVILIANS, INSURGENTS, SPIES AND UNARMED COMBATANTS SHOULD BE TREATED. • EVOLUTION TO TODAY-THE COUNTRIES THAT PARTICIPATE IN THE U.N. INVESTIGATE, ENFORCE OR MAKE REVISIONS TO THE EXISTING GENEVA CONVENTIONS THAT PROTECT THE RIGHTS OF POWs.

7. DEFINITIONS • LAW OF WAR- That part of international law that regulates the conduct of armed hostilities. Frequently referred to as law of armed conflict. • RULES OF ENGAGEMENT- Directives issued by competent military authority which delineate the circumstances and limitation under which us forces will initiate and/or continue combat engagement with other forces encountered.

8. DEFINITIONS • ESCALATION OF FORCE- Use of minimum amount of force necessary to decisively eliminate the threat. • ETHICS- A set of standards or value system by which free, human actions are ultimately determined right or wrong, good or evil. • MILITARY ETHICS- That set of professional ethics specifically applied to the military.

9. WHEN IN DOUBT… ASK! • Describe what ‘Escalation of Force’ is, in your own words… • Using the minimum amount of force to handle a situation.

10. UCMJ AND YOU • If charged with inappropriate actions towards a DETAINEE… or failing to report violations… • Article 18, UCMJ- Outlines jurisdiction for ‘War Crimes’ in trial (s) by courts-martial. • Hague Convention, Chapter 2, annexes 1-20, for Law of Land Warfare • Third Geneva Convention- defines ‘Treatment and Conditions’ for Detainee. • MAXIMUM PUNISHMENT may include, but not limited to; death, life imprisonment, imprisonment and hard labor, reduction in rank, forfeiture of any/all pay and allowances, discharge from the service or a combination of any punishments.

11. HALL OF SHAME • ABU GHARIB • MEMBERS OF THE 372ND MP CO and SPC Lynndie England. • SPC England was charged with conspiracy to maltreat prisoners and assault consummated by battery. The formal charges did not mention the word "torture," although some commentators have so described her conduct.

13. On April 30, 2005, England agreed to plead guilty to four counts of maltreating prisoners, two counts of conspiracy, and one count of dereliction of duty. Her sentence would have been 16 years imprisonment, reduction to E-1, forfeiture of all pay and allowances and a dishonorable discharge. • SPC England was convicted of one count of conspiracy, four counts of maltreating detainees and one count of committing an indecent act. • SPC England was sentenced to three years and given a dishonorable discharge.

14. IF YOU DON’T UNDERSTAND, ASK… IT’LL BE YOUR COURT-MARTIAL NEXT • Name some of the charges in the case? • Maltreating detainees, conspiracy and committing an indecent act • How long was Lynndie England imprisoned? • 3 years

15. DEFINITIONS • DETAINEE- any person(s) captured, detained, held or otherwise under control of DoD personnel (military, civilian or contract employee. It does not include person(s) being held for law enforcement purposes, except where the United States is the occupying power. A DETAINEE may also include the following categories:

16. TYPES OF DETAINEES ENEMY COMBATANT LAWFUL ENEMY COMBATANT UNLAWFUL ENEMY COMBATANT ENEMY PRISONER OF WAR RETAINED PERSON CIVILIAN INTERNEE

17. ENEMY COMBATANT- Person engaged in hostilities against the United States or its coalition partners during an armed conflict. This term includes both lawful and unlawful enemy combatants.

18. LAWFUL ENEMY COMBATANT- ARE ENTITLED To the protection of the Geneva Conventions, include members of the regular armed forces of a state party to the conflict; militia, volunteer corps and organized resistance movements belonging to a state party to the conflict, which are under responsible command, wear a fixed distinctive sign recognizable at a distance, carry their arms openly, and abide by the laws of war; and members of regular armed forces who profess allegiance to a government or an authority not recognized by the detaining power.

20. UNLAWFUL ENEMY COMBATANT-ARE NOT ENTITLED TO COMBATANT IMMUNITY, WHO ENGAGE IN ACTS AGAINST THE UNITED STATES OR ITS COALITION PARTNERS IN VIOLATION OF THE LAWS AND CUSTOMS OF WAR DURING ARMED CONFLICT. FOR PURPOSES OF THE WAR ON TERRORISM, THE TERM UNLAWFUL ENEMY COMBATANT IS DEFINED TO INCLUDE, BUT IS NOT LIMITED TO, AN INDIVIDUAL WHO IS OR WAS PART OF OR SUPPORTING TALIBAN OR AL QAEDA FORCES OR ASSOCIATED FORCES THAT ARE ENGAGED IN HOSTILITIES AGAINST THE UNITED STATES OR ITS COALITION PARTNERS.

22. TYPES OF DETAINEES • ENEMY PRISONER OF WAR- INDIVIDUALS UNDER THE CUSTODY AND/OR CONTROL OF THE DEPARTMENT OF DEFENSE. Reference (g) Articles 4 & 5, GENEVA CONV. RELATIVE TREATMENT OF POW, 12 AUG, 1949

23. TYPES OF DETAINEES • RETAINED PERSON- INDIVIDUALS UNDER THE CUSTODY AND/OR CONTROL OF THE DEPARTMENT OF DEFENSE. Reference (g) Article 33, GENEVA CONV. RELATIVE TREATMENT OF POW, 12 AUG, 1949 • CIVILIAN INTERNEE- INDIVIDUALS UNDER THE CUSTODY AND/OR CONTROL OF THE DEPARTMENT OF DEFENSE. Reference (h) Article 4, GENEVA CONV. RELATIVE TREATMENT OF CIVILIAN PERSONS, 12 AUG, 1949

24. THE PROCESS

25. IF YOU ARE ASLEEP, YOU ARE WRONG • What term defines a person engaged in hostilities against the U.S. and/or it’s coalition partners during an armed conflict? • Enemy Combatant. • According to the previous chart, an individual found at a cache site may fall into one of two terms after his or her personal status is checked. What is one of the two terms? • EPW or Internee.

26. 9 PRINCIPLES OF LAW OF WAR • MARINES FIGHT ONLY ENEMY COMBATANTS. • MARINES DO NOT HARM ENEMY SOLDIERS WHO SURRENDER. MARINES DISARM THEM AND TURN THEM OVER TO THEIR SUPERIORS. • MARINES DO NOT TORTURE OR KILL ENEMY PRISONERS OF WAR.

27. 9 PRINCIPLES OF LAW OF WAR • MARINES COLLECT AND CARE FOR THE WOUNDED, WHETHER FIREND OR FOE. • MARINES DO NOT ATTACK MEDICAL PERSONNEL, FACULITIES, EQUIPMENT OR CHAPLAINS. • MARINES DESTROY NO MORE THAN THE MISSION REQUIRES.

28. 9 PRINCIPLES OF LAW OF WAR • MARINES TREAT ALL CIVILIANS HUMANELY. • MARINES DO NOT STEAL; THEY RESPECT PRIVATE PROPERTY AND POSSESSIONS. • MARINES DO THEIR BEST TO PREVENT VIOLATIONS OF THE LAW OF WAR AND REPORT ALL VIOLATIONS TO THEIR SUPERIORS.

29. 9 PRINCIPLES WILL SERVE AS A GUIDE IN COMBAT • Who do the Marines collect and care for? • Wounded, both friend and foe. • Another name for the ‘Law of War’ is? • ‘Law of Armed Combat’.

30. TYPES OF SEARCHES • HASTY- Minimum search conducted to disarm a person. • DETAILED- Most preferred and can be done as low as the BUDDY TEAM level. • STRIP- Only qualified personnel will perform this. I.E.; Intel and military police.

31. CONTINUUM OF FORCE Remember your mission and Commander’s intent. Remember your unit’s ROE. Remember the Law of Land Warfare. Remember UCMJ and Geneva Conventions. Remember how you conduct yourself… because your enemy and the local populace will.

32. THEIR ACTIONS YOUR RESPONSE

33. OPERATING AS A TEAM COVER MAN SEARCH MAN *INTERPRETER*

34. COVER MAN Provides limited area security for search team. Protects search man throughout entire search. Should be accountable for search man’s gear and weapon. Will position himself 90 degrees to the search man and out of reach of the detainee, in order to have a clean shot at the detainee’s head. Will have established ‘pro’ words to communicate with search man.

35. GEOMETRY OF FIRE Cover man will always be at 90 degree angle to the Search man to prevent ‘fratricide’. (friendly-fire)

36. SEARCH MAN Executes most complete search possible given time, location and current mission tempo. Communicates every action to cover man to prevent himself from getting shot. First restrain, then search. Start at the top of the person and work uniformly down. Do back, then sides and finally front.

37. HOW TO SEARCH • Start with the hair, head and mouth. • Crush and feel EVERY BIT of clothing. • Flip collars, check pockets and belt line. • Remove all articles off person and place in one pile out of his/her sight. • Remove foot wear. • Pay particular attention to: • Mid / lower back. • Waistline / pant line / hem lines. • Groin / inner thigh. • Arm pits. • Belly button and ass crack.

38. FORMS OF I.D. / PAPERS • As you gain control of the detainee ask for identification papers or ID card. • Remember that these may be counterfeit. • Intel units assigned to that region should have resources to tell: • Who should have them. • What they look like. • How to distinguish fake from real.

39. INTERPRETER If provided- should be a DOD trained personnel or a trusted local from the populace. They will help to translate making the situation less hostile and frustrating for the team Will let the cover and search man perform their jobs with better situational awareness. Should be positioned close to cover man but should not impede ‘Line of Sight’.

40. ENSURE THE CORRECT SEARCH IS DONE FOR THE SITUATION • Where are individual’s personal effects placed as they are removed from his/her person(s)? • In a consolidated area, out of reach and sight of the detainee.

41. RESTRAINING METHODS • FLEXI-CUFF • SINGLE • DOUBLE • 550 PARACORD • DUCT TAPE • NOT TOO LOOSE, NOT TOO TIGHT • SHOULD BE ABLE TO SLIDE ONE FINGER UNDERNEATH • WATCH FOR SWELLING

42. Single and Double flexi-cuffs

43. TYPES OF DETAINEES • CONSCIOUS • UNCONSCIOUS • INJURED • FEMALE

44. CONSCIOUS • Observe posture of person. • Gain and maintain eye contact. • **Use interpreter, if available** • If not… search man will talk and demonstrate what he wants done while cover man maintains position.

45. CONSCIOUS • If armed direct person to place weapon on the deck and move away. • Direct person to remove any headgear. • Direct person to remove all military equipment. • Direct person to lay face down, with face looking straight at the ground.

46. CONSCIOUS • Direct person to extend arms out, away from body. • Direct person to rotate palms up. • Secure hands behind back with flexi-cuffs. • Begin search.

47. UNCONSCIOUS • Observe position of body. • Gain and maintain eye contact. • Be prepared for feigning or booby-traps. • If person is truly unconscious and no booby-traps are found, secure hands behind back and conduct search.

48. UNCONSCIOUS • If person comes-to, search man should get off and start communicating with the detainee, while cover man holds position. • Once search has been conducted, perform necessary 1st aid, unless it impedes the search. • Remember that the CARE and HUMANE TREATMENT comes first and foremost.

49. UNCONSCIOUS • BODY POSITION INDICATORS • Face down. • Hands are not showing. • Body is curled up. • Clothing is covering or partially covering. • Body appears to be relaxed and extended. • Eyes are shut tight, face is tense.

50. UNCONSCIOUS • STAND-OFF • Prod with a pole • Use a grapple and rope • If traveling with a local militia, have them go up on the body. • OBSERVE YOU SURROUNDINGS • Do not get drawn into a possible ambush site.