"Improving the Fighting Position": A Practitioner's Guide to Operational Law Support to the Interrogation Process

• NCJ Number: 215330
• Journal: Polygraph Volume: 35 Issue: 2 Dated: 2006 Pages: 71-89
• Author(s): Paul Kantwill; Jon D. Holdaway; Geoffrey Corn
• Date Published: 2006
• Length: 9 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

Intended for military interrogators, this report summarizes the recent effort led by The Judge Advocate General's Legal Center and School to bring military interrogation training in line with relevant law, particularly in the context of the Global War on Terror.

Abstract

In discussing the command and control of the interrogation process, this report notes that recent U.S. military operations have shown the adverse consequences of failing to identify and disseminate clear standards for interrogation derived from either international law or military doctrine. Judge advocates (JAs) must be prepared to assist interrogators in developing and implementing interrogation policy based on sound legal standards. Regarding the interrogation process, this report advises that any subject of interrogation should be regarded simply as a detainee, even if the detainee actually qualifies for a more specific status under the law of war. In the discussion of the relationship between relevant law and interrogation policy, the report advises that the baseline standard of humane treatment applies; this is traditionally understood as the prohibition against any treatment that can be reasonably regarded as cruel, inhumane, or degrading. Prohibitions on interrogation derived from the "humane treatment" principle are binding at all times and locations. This report makes a distinction between manipulation and coercion in implementing the obligation of humane treatment. It advises that the obligation of humane treatment, and the more specific prohibition against coercion derived from this obligation, does not mean interrogators cannot manipulate detainees into cooperation by giving and taking away nonessential privileges. "Coercion" refers to abusive tactics that are inherently inhumane. This report also discusses the relationship between component authorities and the joint operational command in setting policy for interrogating detainees. The principles of interrogation presented in this report will be part of the military training package for interrogators. 84 notes