Law of War Handbook 2005

Appendix A. CPL and Civilian Detainment

I. DEPRIVATION OF LIBERTY.

A. Four types of deprivation:

1. Detainment;


2. Internment;


3. Assigned residence;


4. Simple imprisonment (referred to as confinement in AR 190-57): '

a.  Includes prelpost-trial incarceration.

b. Pretrial confinement must be deducted fi-om any post-trial period of

confinement.

c.  A sentence of to imprisonment may be converted to a period of

internment.

d. GC Arts. 68-7 1.

B. DETAINMENT IN MOOTW.

1. Detainment defined: Not formally defined in International Law. Although it
   may take on characteristics of confinement, it is more analogous to
   internment (which is formally defined and explained in the LOW). Within
   Operation JOINT ENDEAVOR detention was defined as "a person
   involuntarily taken into custody for murder, rape, aggravated assault, or any
   act or omission as specified by the IFOR Commander which could
   reasonably be expected to cause serious bodily harm to (1) civilians, (2) non-
   belligerents, or (3) IFOR per~onnel."~

' The distinction between confinement and internment is that those confined are generally limited to a jail cell
("CI camp stockade"), while internees remain free to roam within the confines of an internee camp. AR 190-
57, para. 2-12.

See TASKFORCE EAGLE:JOINTMILITARY COMMISSION POLICY AND PLANNING GUIDANCE HANDBOOK(2 1
Mar. 1996).