text: Chapter 3
  Prisoners of War and Other Detainees
  This chapter addresses the protection of POWs, retained personnel, and other detainees
  under LOAC, and as described below. The Hague Conventions of 1907 was one of the
  international community’s first attempts to codify treatment of captured persons. The
  1929 Geneva Convention relative to Prisoners of War provided more substantive
  treatment than previous treaties and has been refined in the 1949 GPW and in AP I.
  Since the United States is a party to the GPW, it is binding treaty law and the basis for
  much of this chapter. This publication uses “POWs” to refer to both friendly and enemy
  POWs. The treatment and protection of civilian internees are discussed in Chapter 5 of
  this manual.
  PRACTICAL GUIDANCE ON POWS AND DETAINEE OPERATIONS
  3-1. Soldiers and Marines must comply with LOAC with respect to the treatment of all detainees. Until a
  detainee’s release, repatriation, or transfer from DOD custody or control, Soldiers and Marines will, without
  regard to a detainee’s legal status, at a minimum apply: (1) common article 3 of the 1949 Geneva
  Conventions during all military operations; (2) the principles in Article 75 of AP I during international armed
  conflict and occupation; and (3) the principles in Articles 4-6 of AP II during non-international armed conflict
  (DODD 2310.01E).
  3-2. Certain categories of detainees held during international armed conflict or cases of occupation, such
  as prisoners of war (POWs), and certain civilian internees (see Chapter 5), enjoy protections and privileges
  under LOAC beyond the minimum standards of treatment discussed in paragraph 3-5. Such detainees will be
  afforded all applicable protections and privileges under LOAC until their release, repatriation, or transfer.
  3-3. Commanders who expect to conduct detention operations should familiarize themselves with guidance
  from higher headquarters that implements applicable law, DOD policies, and other regulations applicable to
  the treatment of POWs and retained personnel, such as DODD 2310.01E, DOD Detainee Program; DODD
  3115.09, DOD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning; AR 190-
  8/Marine Corps Order (MCO) 3461.1, Enemy Prisoners of War, Retained Personnel, Civilian Internees and
  Other Detainees. During detention operations, commanders should anticipate, and where appropriate
  request, guidance on detainee issues from higher headquarters, especially on issues implicating U.S. legal
  obligations or national policy. Commanders should seek the advice of their servicing judge advocate if they
  have any questions about the law applicable to the treatment of POWs, retained personnel, and other
  detainees.
  BASIC PROTECTIONS AND HUMANE TREATMENT FOR ALL
  DETAINEES
  3-4. Detainees in all circumstances must be treated humanely and protected against cruel, inhuman, or
  degrading treatment or punishment (see DOD Law of War Manual, 8.2). Providing humane treatment to an
  individual or group of individuals does not affect the legal status of that individual, group, or any parties to
  a conflict (GPW art. 3).
  3-5. Detainees must be provided humane care and treatment and with respect for their dignity from the
  moment they fall into the hands of DOD personnel until their release, transfer out of DOD control, or
  repatriation. Further, inhumane treatment of detainees is expressly prohibited and is not justified by the stress
  of combat or deep provocation. Humane treatment and basic protections include, in part: