text: FM 2-22.3 _________________________________________________________________________________
  differ, the handling and treatment of sources must be accomplished in accordance
  with applicable law and policy. Applicable law and policy include US law; the law of
  war; relevant international law; relevant directives including DOD Directive 3115.09,
  “DOD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning”;
  DOD Directive 2310.1E, “The Department of Defense Detainee Program”; DOD
  instructions; and military execute orders including fragmentary orders (FRAGOs).
  Interrogation, the HUMINT subdiscipline responsible for MI exploitation of enemy
  personnel and their documents to answer the supported specific information
  requirements (SIRs), requires the HUMINT collector to be fully familiar with both
  the classification of the source and applicable law. The principles and techniques of
  HUMINT collection are to be used within the constraints established by US law
  including the following:
  • The Uniform Code of Military Justice (UCMJ).
  • Geneva Convention for the Amelioration of the Condition of the Wounded and
  Sick in Armed Forces in the Field (including Common Article III), August 12,
  1949; hereinafter referred to as GWS.
  • Geneva Convention Relative to the Treatment of Prisoners of War (including
  Common Article III), August 12, 1949; hereinafter referred to as GPW.
  • Geneva Convention Relative to the Protection of Civilian Persons in Time of
  War (including Common Article III), August 12, 1949; hereinafter referred to as
  GC.
  • Detainee Treatment Act of 2005, Public Law No. 109-163, Title XIV.
  HUMINT collectors must understand specific terms used to identify categories of
  personnel when referring to the principles and techniques of interrogation.
  Determination of a detainee’s status may take a significant time and may not be
  completed until well after the time of capture. Therefore, there will be no difference
  in the treatment of a detainee of any status from the moment of capture until such a
  determination is made. The following terms are presented here and in the glossary.
  • Civilian Internee: A person detained or interned in the United States or in
  occupied territory for security reasons, or for protection, or because he or she has
  committed an offense against the detaining power, and who is entitled to
  “protected person” status under the GC.
  • Enemy Prisoner of War (EPW): A detained person, as defined in Articles 4 and
  5 of the GPW. In particular, one who, while engaged in combat under orders of
  his or her government, is captured by the armed forces of the enemy. As such,
  he or she is entitled to the combatant’s privilege of immunity from the municipal
  law of the capturing state for warlike acts that do not amount to breaches of the
  law of armed conflict. For example, an EPW may be, but is not limited to, any
  person belonging to one of the following categories of personnel who have fallen
  into the power of the enemy; a member of the armed forces, organized militia or
  volunteer corps; a person who accompanies the armed forces, without actually
  being a member thereof; a member of a merchant marine or civilian aircraft
  crew not qualifying for more favorable treatment; or individuals who, on the
  approach of the enemy, spontaneously take up arms to resist invading forces.
  • Other Detainees: Persons in the custody of the US Armed Forces who have not
  been classified as an EPW (Article 4, GPW), retained personnel
  (Article 33, GPW), and Civilian Internee (Articles 27, 41, 48, and 78, GC) shall
  be treated as EPWs until a legal status is ascertained by competent authority;
  for example, by Article 5 Tribunal.
  • Retained Personnel: (See Articles 24 and 26, GWS.)