The "Legal Vacuum" of Detainee Rights
Abstract
The United States military tacks procedures for prolonged detention of civilians who threaten force or host nation security during nontraditional military operations, or "Operations other than war" (OOTW). While the Geneva Conventions govern treatment of persons captured during international armed conflicts, those captured during OOTW have no powerful treaty to protect them. Domestic law and international treaties to which the U.S. is a party provide detainees with only minimal protections, and there is little military doctrine on the treatment of civilians captured during OOTW. This "legal vacuum" became an issue during civilian detentions in Operations Restore Hope (Somalia, 1992) and Uphold Democracy (Haiti, 1994). Development of uniform procedures in this area will serve the U.S. military when it inevitably finds itself forced to detain civilians again in future OOTW. Uniform detainee procedures would also simplify the complicated international law on detainees into a cohesive body that the military can use for training and enforcement. Finally, these procedures will promote respect for the rule of law in chaotic environments. This paper proposes procedures for detainee treatment and due process procedures tailored for inclusion into the Department of Army, Regulation 190-8, Enemy Prisoners of War Administration, Employment and Compensation (1 June 1982).
Document Details
- Document Type
- Technical Report
- Publication Date
- Apr 01, 1997
- Accession Number
- ADA444442
Entities
People
- Margaret B. Baines
Organizations
- The Judge Advocate General's Legal Center and School