d. After determining the type of detainees that will find their way into U.S.
hands, they should apply the four-tiered process of CPL to determine what '
protections should be afforded to each detainee.
(1)Tier 1 : Detainment SOPS might provide that all detainees will be
afforded rights "consistent with" with the Universal Declaration of
Human Rights and Common article 3.
** The term "consistent with" is a term of art insulating the US. from
assertions of formal recognition that we are bound to certain obligations.
The U.S. does not say anyone is entitled to anything. This ties in with the
confusion relative to which protections ~mnder the Universal Declaration
are customary law and which are not.(2)These protections are translated into rules such as those listed below,
which were implemented by the IFOR during Operation JOINT
ENDEAVOR:(a) Take only items from detainees that pose an immediate threat to
members of the force or other detainees.(b)Use minimal force to detain or prevent escape (this may include
deadly force if ROE permits).(c) Searches must be conducted in such a way as to avoid humiliation
and harassment.(d)Detainees shall be treated humanely.(e) Detainees shall not be physically abused.(0Contact with detainees may not be of a sexual nature.
(3)Detainees may not be used for manual labor or subservient tasks.(4)Tier 2: Apply procedural protections afforded by the host nation to
individuals detained under similar conditions. For example, if the host
nation permits the right to a magistrate review within so many hours,
attempt to replicate this right if feasible.(5)Tier 3: No specific Conventions apply.