'Six Floors' of Detainee Operations in the Post-9/11 World
Abstract
In the post-9/11 environment, U.S. forces can expect to encounter six different categories or "floors" of potential detainees, and they should be given clear guidance on how those detainees should be treated. On the 6th floor are easily identifiable enemy prisoners of war. POWs openly wear the uniform of a power that abides by the laws of war, and are accorded all privileges specified in Geneva III. On the 5th floor reside lawful insurgents -- combatants who meet the Geneva criteria of openly bearing arms, who wear a distinctive insignia or marking, who abide by the laws of war, and who are organized under responsible leadership. On the 4th floor are those less well-organized insurgents who may not have the ability, support, desire, or organization to wear distinctive insignia, but who meet the other three Geneva criteria and therefore meet the criteria of Protocol I to Geneva III, to which the United States is not bound. On the 3rd floor reside unlawful combatants under Geneva III originally called saboteurs and spies; they act as insurgents and seek to conduct warfare against military targets without regard to the Geneva criteria for lawful combatants. On the 2nd floor are "terrorists"; they meet the criteria of illegal combatants but also wage campaigns mostly against civilian rather than military targets with the intent to kill civilians as a means of spreading fear and intimidation throughout the civilian population. On the ground floor are a variety of noncombatants, including those suspected of assisting or encouraging those on the upper floors, those having knowledge about the whereabouts and methods of the members of the upper floors, those whose status or leanings are unknown, and truly innocent civilians. U.S. forces should fully comprehend the six categories and be fully cognizant of the boundaries of treatment for each one, and they must continue to abide by current restrictions until the debate leads to changes in internationally agreed-upon standards.
Document Details
- Document Type
- Technical Report
- Publication Date
- Jan 01, 2005
- Accession Number
- ADA490799
Entities
People
- Thomas E. Ayres
Organizations
- Joint Chiefs of Staff