Law of War Handbook 2005

(Jacob Rumans) #1
(6)Tier 4: JOINT ENDEAVOR SOPs provide detainees with the right to
EPW treatment (EPW status is not bestowed, although a few SOPs
incorrectly state that it is).

(7)Categorization and Semenation. The SOPs then go on to provide that
the detainees will be categorized as either criminal or hostile (force
protection threats). Those accused of crimes must be separated from
those detained because they pose a threat to the force. In addition,
detainees must be further separated based upon clan membership,
religious beliefs, or any other factor that might pose a legitimate threat
to their safety.

e.  In both Somalia and Haiti, the U.S. ran extremely successhl Joint
Detention Facilities (JDFs). The success of these operations was based
upon a simple formula.

(1)Detain people based upon clear and principled criteria.

(2)Draft a JDF SOP with clear rules that-each detainee must follow and
rights to which each detainee is entitled.

(3)Base the quantity and quality of the rights upon a principled approach:
CPL.


  1. When in the fourth tier (law by analogy) look to the GC, in addition to the
    GPW when dealing with civilians. The practice of JTF JAs in Operations
    RESTORE HOPE and RESTORE DEMOCRACY was to look only to the
    GPW. This caused a number of problems "because the GPW just did not
    provide an exact fit."

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