text: FM 2-22.3 _________________________________________________________________________________
  permissible actions end and prohibited actions begin. In attempting to
  determine if a contemplated approach or technique should be considered
  prohibited, and therefore should not be included in an interrogation plan,
  consider these two tests before submitting the plan for approval:
  • If the proposed approach technique were used by the enemy against
  one of your fellow soldiers, would you believe the soldier had been
  abused?
  • Could your conduct in carrying out the proposed technique violate a
  law or regulation? Keep in mind that even if you personally would not
  consider your actions to constitute abuse, the law may be more
  restrictive.
  5-77. If you answer yes to either of these tests, the contemplated action
  should not be conducted. If the HUMINT collector has any doubt that an
  interrogation approach contained in an approved interrogation plan is
  consistent with applicable law, or if he believes that he is being told to use an
  illegal technique, the HUMINT collector should seek immediate guidance
  from the chain of command and consult with the SJA to obtain a legal review
  of the proposed approach or technique. (See paras 5-80 and 5-81 for
  information on responding to illegal orders.) If the HUMINT collector
  believes that an interrogation approach or technique is unlawful during the
  interrogation of a detainee, the HUMINT collector must stop the
  interrogation immediately and contact the chain of command for additional
  guidance.
  CAUTION: Although no single comprehensive source defines impermissible
  coercion, certain acts are clearly prohibited. Certain prohibited physical
  coercion may be obvious, such as physically abusing the subject of the
  screening or interrogation. Other forms of impermissible coercion may be
  more subtle, and may include threats to turn the individual over to others to
  be abused; subjecting the individual to impermissible humiliating or
  degrading treatment; implying harm to the individual or his property. Other
  prohibited actions include implying a deprivation of applicable protections
  guaranteed by law because of a failure to cooperate; threatening to separate
  parents from their children; or forcing a protected person to guide US forces in
  a dangerous area. Where there is doubt, you should consult your supervisor or
  servicing judge advocate.
  5-78. Security internees are detainees who are not combatants but who pose
  a security threat, may be under investigation, or who pose a threat to US
  forces if released. HUMINT collectors are required to treat all detainees
  humanely. EPWs are entitled to additional protections guaranteed by the
  GPW that security internees may not be eligible for. For example, allowing a
  security internee to communicate with a family member (a right that an
  EPW has under the Geneva Conventions) could allow him to pass
  information that would compromise a sensitive investigation and endanger
  the lives of soldiers and civilians. HUMINT collectors should consult with
  their SJA for clarification of detainees’ status and rights.
  5-79. HUMINT collectors are employed below brigade level when the combat
  situation requires limited tactical interrogation at battalion or lower.