text: Chapter 13
  detention must follow the detailed standards contained in Army Regulation 190-8/Marine Corps Order
  3461.1. Military police operating such facilities shall not be used to assist in or set the conditions for
  interrogation.
  TRANSFER OF DETAINEES TO THE HOST NATION
  13-43. There are certain conditions under which U.S. forces may not transfer the custody of detainees to
  the host nation or any other foreign government. U.S. forces retain custody if they have substantial grounds
  to believe that the detainees would be in danger in the custody of others. Such danger could include being
  subjected to torture or inhumane treatment. (See DODD 2310.01E for more information on transferring
  detainees and consult the legal advisor or staff judge advocate.)
  ENFORCING DISCIPLINE OF U.S. FORCES
  13-44. Despite rigorous selection and training, some personnel will commit infractions requiring
  discipline. The Uniform Code of Military Justice is the criminal code applicable to all U.S. military
  members and, in time of declared war or contingency operations, other persons serving with or
  accompanying U.S. armed forces in the field. Commanders and general officers are responsible for their
  subordinates and their behavior. Commanders must give clear guidance and ensure compliance. All
  civilians, including contractors, working in support of operations of the U.S. forces overseas must comply
  with the law of war.
  UNIFORM CODE OF MILITARY JUSTICE
  13-45. Although most well-led and well-trained U.S. military personnel perform their duties honorably
  and lawfully, some will commit various crimes, including violations of the law of war. U.S. military
  personnel remain subject at all times to the Uniform Code of Military Justice. Suspected criminal behavior
  must be investigated and, where appropriate, remedied by corrective action. This includes violations of
  orders, maltreatment of detainees, assaults, thefts, sexual offenses, destruction of property, and other
  crimes, to include homicides, which may be committed during a counterinsurgency. All reportable
  incidents committed by or against U.S. personnel, enemy persons, or any other individual must be reported
  promptly, investigated thoroughly, and, where appropriate, remedied by corrective action. A reportable
  incident is a possible, suspected, or alleged violation of the law of war, for which there is credible
  information, or conduct during any operation in the range of military operations that would constitute a
  violation of the law of war if it occurred during an armed conflict.
  COMMAND RESPONSIBILITY
  13-46. In some cases, military commanders may be deemed responsible for crimes committed by
  subordinates or others subject to their control. This situation arises when the criminal acts are committed
  pursuant to the commander’s order. A commander is legally responsible for a war crime committed by that
  commander’s subordinates if that commander knew, or should have known, that the subordinates were
  about to commit the violation and the commander did nothing to prevent it or that the subordinates had
  committed the violation and the commander failed to address the violation. Commanders must know that
  under international law, commanders are responsible if they know, or should have known, their
  subordinates are about to commit or have committed a violation of the law of war. In a counterinsurgency
  environment, where compliance with the law of war is critical to the success of the mission, commanders
  should expect to be held accountable for failing to report and investigate reportable incidents. Commanders
  may not ignore credible information that indicates U.S. forces may have committed, intend to commit, or
  are in the process of committing violations of the law of war. In addition, commanders must pay close
  attention to the command climate within their units. Commanders must foster a climate through leadership
  and training that helps Soldiers and Marines understand the critical need to abide by the law of war, in
  particular, to distinguish between civilians and insurgents, to refrain from unnecessarily harming civilians,
  and to treat detainees in accordance with all applicable laws, policies, and regulations.