Joint Publication 3-63 Detainee Operations (2014)
Joint Publication 3-63 Detainee Operations (2014)
Joint Publication 3-63 Detainee Operations (2014)
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Detainee Operations
13 November 2014
PREFACE
1. Scope
This publication provides guidelines for planning and conducting detainee operations. It
outlines responsibilities, discusses organizational options, and provides command and
control considerations across the range of military operations.
2. Purpose
This publication has been prepared under the direction of the Chairman of the Joint
Chiefs of Staff (CJCS). It sets forth joint doctrine to govern the activities and performance
of the Armed Forces of the United States in joint operations and provides the doctrinal basis
for interagency coordination and for US military involvement in multinational operations. It
provides military guidance for the exercise of authority by combatant commanders and other
joint force commanders (JFCs) and prescribes joint doctrine for operations, education, and
training. It provides military guidance for use by the Armed Forces in preparing their plans.
It is not the intent of this publication to restrict the authority of the JFC from organizing the
force and executing the mission in a manner the JFC deems most appropriate to ensure unity
of effort in the accomplishment of the overall objective.
3. Application
a. Joint doctrine established in this publication applies to the Joint Staff, commanders of
combatant commands, subordinate unified commands, joint task forces, subordinate
components of these commands, the Services, and combat support agencies. This publication
also provides information to US Government departments and agencies, the National Guard
Bureau, multinational partners, intergovernmental organizations, and nongovernmental
organizations.
b. The guidance in this publication is authoritative; as such, this doctrine will be
followed except when, in the judgment of the commander, exceptional circumstances dictate
otherwise. If conflicts arise between the contents of this publication and the contents of
Service publications, this publication will take precedence unless the CJCS, normally in
coordination with the other members of the Joint Chiefs of Staff, has provided more current
and specific guidance. Commanders of forces operating as part of a multinational (alliance
Preface
or coalition) military command should follow multinational doctrine and procedures ratified
by the United States. For doctrine and procedures not ratified by the United States,
commanders should evaluate and follow the multinational commands doctrine and
procedures, where applicable and consistent with US law, regulations, and doctrine.
For the Chairman of the Joint Chiefs of Staff:
ii
JP 3-63
SUMMARY OF CHANGES
REVISION OF JOINT PUBLICATION 3-63
DATED 20 MAY 2008
iii
Summary of Changes
Intentionally Blank
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JP 3-63
TABLE OF CONTENTS
EXECUTIVE SUMMARY .............................................................................................. vii
CHAPTER I
INTRODUCTION
Background ....................................................................................................................... I-1
Policy ................................................................................................................................ I-1
Legal Considerations ........................................................................................................ I-2
Detainee Categories .......................................................................................................... I-3
CHAPTER II
ROLES AND RESPONSIBILITIES
Chairman of the Joint Chiefs of Staff ..............................................................................II-1
Combatant Commanders ..................................................................................................II-1
Subordinate Joint Force Commanders .............................................................................II-1
Component Commanders.................................................................................................II-2
Commander, Detainee Operations ...................................................................................II-2
Detention Facility Commander ........................................................................................II-3
Joint Interrogation and Debriefing Center Commander ..................................................II-4
Human Intelligence Collectors, Debriefers, and Interpreters ..........................................II-5
Joint Force Staff Elements ...............................................................................................II-7
Interagency Representatives ..........................................................................................II-11
Multinational Force and Host Nation Representatives ..................................................II-11
CHAPTER III
PLANNING AND CONDUCT OF DETAINEE OPERATIONS
Introduction .................................................................................................................... III-1
Detainee Operations Planning Considerations............................................................... III-1
Other Considerations ..................................................................................................... III-3
Internment Serial Number.............................................................................................. III-7
Detainee Control and Discipline .................................................................................... III-9
Training Standards and Documentation for Detainee Operations ............................... III-10
CHAPTER IV
CAPTURE AND INITIAL DETENTION AND
SCREENING OF DETAINEES
Introduction .................................................................................................................... IV-1
Capture and Initial Screening......................................................................................... IV-1
Secondary Screening and Confirmation ........................................................................ IV-4
Transfers ........................................................................................................................ IV-6
Detainee Movement Planning ........................................................................................ IV-7
Procedures ...................................................................................................................... IV-7
Table of Contents
Detainee Movement by Land Transportation ................................................................ IV-8
Detainee Movement by Maritime Transportation.......................................................... IV-8
Detainee Movement by Air Transportation ................................................................... IV-8
Detainee Disposition ...................................................................................................... IV-8
Detainee Classification ................................................................................................ IV-11
Review and Approval Process ..................................................................................... IV-11
Release to Established Recognized National Authority, Allied Facilities,
or Inter-Service Agencies ............................................................................................ IV-11
Transfer Between Department of Defense Facilities ................................................... IV-12
Transfer or Release Mission ........................................................................................ IV-13
APPENDIX
A
B
C
D
E
GLOSSARY
Part I
Part II
FIGURE
I-1
III-1
III-2
III-3
IV-1
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EXECUTIVE SUMMARY
COMMANDERS OVERVIEW
Detainee operations is a
broad term that
encompasses the capture,
initial detention and
screening, transportation,
treatment and protection,
housing, transfer, and
release of the wide range of
persons who could be
categorized as detainees.
Policy
Legal Considerations
vii
Executive Summary
citizens, including treaties and international agreements to
which the US is a party, and applicable customary
international law.
Detainee Categories
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Executive Summary
transfers, release, and repatriation of detainees are
conducted in accordance with applicable law, policy, and
doctrine.
Commander, Detainee
Operations
Detention Facility
Commander
Human Intelligence
Collectors, Debriefers, and
Interpreters
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Executive Summary
be given to the garrison support activities that support an
operating base where detention facilities are located.
Other Considerations
Individuals captured or
detained by US forces must
be evacuated expeditiously
through transit points to
reach a detention facility in
a secure area.
JP 3-63
Executive Summary
Secondary Screening and
Confirmation
Detainee Movement
Planning
Detainee Disposition
Detainee Classification
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Executive Summary
Intentionally Blank
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CHAPTER I
INTRODUCTION
Maxim 109. Prisoners of war do not belong to the power for which they have
fought; they are under the safeguard of honour and generosity of the nation that
has disarmed them.
The Military Maxims of Napoleon, 1827, Burnod
1. Background
During the conduct of military operations, members of the Armed Forces of the United
States must possess the capability to plan, execute, and support detainee operations during
military operations. Regardless of the type of military operation, the potential requirement to
detain individuals (hereafter referred to as detainees) exists, and US forces must treat all
detainees humanely and be prepared to properly control, maintain, protect, and account for
detainees in accordance with (IAW) applicable US law, the law of war, and applicable US
policy. The challenges of todays security environment and the nature of the enemy require
clear operational and strategic guidance for detainee operations in a joint environment.
2. Policy
Department of Defense Directive (DODD) 2310.01E, The Department of Defense
Detainee Program, establishes overarching Department of Defense (DOD) detainee policy.
The directive requires humane treatment of all detainees during all armed conflicts, however
characterized, and in all other military operations. The standards of treatment set forth in the
directive apply to all DOD components and DOD contractors assigned to or supporting the
DOD components engaged in, conducting, participating in, or supporting detainee
operations. These standards also apply to all non-DOD personnel as a condition of
permitting access to internment facilities or to detainees under DOD control.
a. Because the treatment standard applies from the point of capture throughout
detention, DOD personnel and contractor employees must receive training on detainee
operations. Inhumane treatment of detainees is prohibited by the Uniform Code of Military
Justice, domestic and international law, and DOD policy. Accordingly, there is no exception
to or deviation from this humane treatment requirement.
b. All DOD personnel or DOD contractor personnel will immediately report incidents
through their chain of command or supervision for ultimate transmission to appropriate US
authorities or other appropriate authorities. Reports also may be made through other
channels, such as the military police (MP), a judge advocate, or an inspector general, who
will then forward a report through the appropriate chain of command. On-scene
commanders shall ensure that measures are taken to preserve evidence of alleged violations
pending investigation by appropriate authorities.
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Chapter I
3. Legal Considerations
a. US detainee operations must comply with the law of war during all armed conflicts,
no matter how such conflicts are characterized, and in all other military operations. The law
of war regulates the conduct of armed hostilities and occupation and encompasses all
international law for the conduct of hostilities binding on the US or its individual citizens,
including treaties and international agreements to which the US is a party, and applicable
customary international law.
b. The four Geneva Conventions of 1949 apply as a matter of international law to all
military operations that qualify as international armed conflicts and cases of partial or total
occupation. These treaties are intended to provide comprehensive humanitarian standards
for the treatment of war victims without adverse distinction. Although often referred to
collectively as the Geneva Conventions, the specific treaties are:
(1) Geneva Convention for the Amelioration of the Condition of the Wounded
and Sick in Armed Forces in the Field (GWS). This convention provides protection for
members of the armed forces and other persons on the battlefield who are no longer actively
participating in hostilities as the result of becoming wounded or sick. It requires humane
treatment for wounded and sick personnel who fall into enemy hands, with an express
requirement that such individuals be protected against pillage and ill treatment and provided
necessary and adequate care. It also provides for the collection of human remains and the
recording of interment locations, and prohibits the abuse of remains.
(2) Geneva Convention for the Amelioration of the Condition of Wounded,
Sick, and Shipwrecked Members of Armed Forces at Sea. This convention requires the
humane treatment and protection of members of the armed forces and other persons at sea
who are wounded, sick, or shipwrecked. It also protects hospital ships and provides a
procedure for burial at sea.
(3) The Geneva Convention Relative to the Treatment of Prisoners of War
(GPW). This convention provides for the humane treatment of enemy prisoners of war
(EPWs). It regulates the treatment of EPWs (care, food, clothing, medical care, and
housing), discipline and punishment, labor and pay, external relations, representation, the
international exchange of information, and the termination of captivity.
(4) The Geneva Convention Relative to the Protection of Civilian Persons in
Time of War (GC). This convention deals with the protection of civilians who find
themselves under the control of an enemy nation (normally during a period of belligerent
occupation). It regulates the treatment of such civilians, including establishing procedures
The United States has chosen out of a sense of legal obligation to treat the
principles set forth in Article 75 of the First Additional Protocol to the
Geneva Conventions as applicable to any individual it detains in
international armed conflicts.
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Introduction
for the deprivation of liberty (arrest, internment, assigned residence), and it provides a legal
framework for the relationship between civilians and the enemy authorities controlling them.
c. DODD 2310.01E, The Department of Defense Detainee Program, addresses legal
issues regarding the reception, treatment, processing, and release of detainees. It includes
DOD policy relative to the minimum standards of treatment for all detainees in the control of
DOD personnel. IAW US law and DOD policy, Common Article 3 to the Geneva
Conventions of 1949 establishes minimum standards for the humane treatment of all persons
detained by the US, allied, and multinational forces during non-international armed conflicts.
IAW with USG and DOD policy, the principles set forth in Article 75 of Additional Protocol
I to the Geneva Conventions establishes minimum standards for the humane treatment of all
persons detained by US forces during international armed conflicts. Common Article 3
prohibits at any time and in any place violence to life and person, in particular murder of all
kinds, mutilation, cruel treatment and torture; taking of hostages; outrages upon personal
dignity, in particular humiliating and degrading treatment; the passing of sentences and the
carrying out of executions without previous judgment pronounced by a regularly constituted
court, affording all the judicial guarantees which are recognized as indispensable
by civilized peoples.
d. Multi-Service issuance Army Regulation (AR) 190-8/Chief of Naval Operations
Instruction (OPNAVINST) 3461.6/Air Force Instruction (AFI) 31-304/Marine Corps Order
(MCO) 3461.1, Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other
Detainees, addresses legal considerations when conducting detainee operations.
4. Detainee Categories
The word detainee includes any person captured, detained, or otherwise under the
control of DOD personnel (see Figure I-1). This does not include DOD personnel or DOD
contractor personnel or other persons being held primarily for law enforcement purposes
except where the US is the occupying power. As a matter of policy, all detainees will be
treated as EPWs until the appropriate legal status is determined and granted by competent
authority IAW the criteria enumerated in the GPW. Detaining officials must recognize that
detained belligerents who have not satisfied the applicable criteria in the GPW are still
entitled to humane treatment, IAW Common Article 3 of the GPW during non-international
armed conflicts, and the principles set forth in Article 75 of Additional Protocol I to the
Geneva Conventions during international armed conflicts. The inhumane treatment of
detainees is prohibited and is not justified by the stress of combat or deep provocation.
a. Belligerent. In general, a person who is engaged in hostilities against the US or its
multinational partners during an armed conflict. The term belligerent includes both
privileged belligerent and unprivileged enemy belligerent. Belligerents, who are entitled to
protections under the GPW, include members of the regular armed forces of a state party to
the conflict; militia, volunteer corps, and organized resistance movements belonging to a
state party to the conflict, which are under responsible command, wear a fixed distinctive
sign recognizable at a distance, carry their arms openly, and abide by the laws of war; and
members of regular armed forces who profess allegiance to a government or an authority not
recognized by the detaining power.
I-3
Chapter I
Detainee Categories
Detainee
Belligerent
Privileged
(Enemy Prisoner
of War)
Retained
Personnel
Civilian
Internees
Unprivileged
Enemy
(1) Privileged belligerents are EPWs upon capture, and are entitled to combatant
immunity for their lawful pre-capture war-like acts. They may be prosecuted for violations
of the law of war. If so prosecuted, they still retain their status as EPWs.
(2) Unprivileged enemy belligerents are belligerents who do not qualify for the
distinct privileges of combatant status (e.g., combatant immunity). Examples of
unprivileged belligerents are:
(a) Individuals who have forfeited the protections of civilian status by joining
or substantially supporting an enemy non-state armed group in the conduct of hostilities, and
(b) Combatants who have forfeited the privileges of combatant status by
engaging in spying, sabotage, or other similar acts behind enemy lines.
b. Retained Personnel (RP). An individual who is described by Article 28 of the
GWS and Article 33 of the GPW and who is in the custody or control of DOD. Personnel
who fall into the following categories: official medical personnel of the armed forces of the
parties to the conflict, exclusively engaged in the search for, or the collection, transport, or
treatment of wounded or sick, or in the prevention of disease, and staff exclusively engaged
in the administration of medical units and establishments; chaplains attached to enemy armed
forces; staff of the International Federation of Red Cross and Red Crescent Societies and that
of other volunteer aid societies duly recognized and authorized by their governments to assist
medical service personnel of their own armed forces, provided they are exclusively engaged
in the search for, or the collection, transport or treatment of, the wounded or sick, or in the
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Introduction
prevention of disease, and provided that the staff of such societies are subject to military
laws and regulations.
c. Civilian Internee (CI). Any civilian, including those described by Article 4 of the
GC, who is in the custody or control of DOD during an armed conflict or occupation, such as
those held for imperative reasons of security or protection. Such individuals, unless they
have committed acts for which they are considered unprivileged enemy belligerents,
generally qualify for protected status IAW the GC, which also establishes procedures that
must be observed when depriving such civilians of their liberty. CIs are to be accommodated
separately from EPWs and persons deprived of liberty for any other reason.
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CHAPTER II
ROLES AND RESPONSIBILITIES
II-1
Chapter II
4. Component Commanders
In addition to the roles and responsibilities of the subordinate JFC listed above, the
component commanders identify conflicts between component doctrine and operational
plans, policies, and procedures, and seek guidance through component command channels on
effective deconfliction procedures.
5. Commander, Detainee Operations
The CDO is typically responsible for all detention facility and interrogation operations
in the JOA. The CDO should have detainee operations experience and will normally be the
senior MP commander. If the size and scope of the detainee operation warrants, the JFC
may consider designating a general or flag officer as the CDO. The JFC typically assigns the
CDO the following responsibilities:
a. Exercise operational control over all assigned and attached forces, detention facilities,
and joint interrogation and debriefing centers (JIDCs), regardless of location within the JOA.
JIDC non-detainee related activities should remain under the direction of the JFC and/or
intelligence directorate of a joint staff.
b. Report directly to the JFC or designated Service or functional component commander
on all detainee matters.
c. Ensure the development of detainee policies, procedures, orders, and directives for
the JFC IAW applicable laws, regulations, and policies.
d. Provide for the humane treatment of detainees. Immediately report all allegations of
maltreatment and/or abuse of detainees. Thoroughly investigate and immediately report all
substantiated allegations through designated command channels.
e. Coordinate all reporting requirements between MP detention battalions and the
theater detainee reporting center (TDRC).
f. Facilitate coordination between JIDC commander(s) and/or chiefs with the joint force
counterintelligence and human intelligence staff element (J-2X).
g. Ensure all logistical requirements for detention facilities and JIDCs are determined
and met. These logistical requirements range from initial setup of detention facilities to
sustained operations throughout the life of a facility. Coordinate with J-2X on requirements
for the interrogation facility to adequately address operational requirements.
h. Coordinate with J-2X (when established) to conduct human intelligence (HUMINT)
and counterintelligence collection management efforts, and with the joint security office
(when established) to conduct biometric collection management efforts.
i. Coordinate with appropriate commanders and staffs to disseminate JFC priorities for
detainee operations throughout the JOA.
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Chapter II
d. Ensure the effective management and distribution of logistic resources.
e. Ensure all detainee maltreatment allegations are immediately reported through
appropriate command channels and corrective actions are initiated.
f. Ensure that all personnel are properly trained on the rules for the use of force; the law
of land warfare, including the Geneva Conventions and all other applicable laws and
policies; and that all personnel have an effective knowledge of the detention facility SOP.
g. Plan for and, when necessary, execute effective perimeter security of the detention
facility, including personnel and material aspects and external response force operations and
planning.
h. Assign escort guards for all detainee transportation entering or departing the facility.
i. Develop, along with the interrogation commander, procedures that include
accountability and security of detainees during interrogation operations.
j. Coordinate force protection.
k. Ensure proper reporting of detainee accountability through the TDRC.
l. Conduct biometric collection and enrollment into the DOD biometric system of
record for each detainee.
m. Coordinate with military criminal investigative organizations and legal agencies
regarding evidentiary and other legal matters as required.
n. Coordinate with the civil-military operations center to facilitate interaction with
intergovernmental organizations, nongovernmental organizations (NGOs), multinational
forces, and other United States Government (USG) departments and agencies. For further
information on civil-military operations, see Joint Publication (JP) 3-57, Civil-Military
Operations.
o. Ensure operations security of all detention facilities activities, security operations,
support, and collection operations.
For further guidance on the responsibilities of the DFC, see AR 190-8/OPNAVINST
3461.6/AFI 31-304/MCO 3461.1, Enemy Prisoners of War, Retained Personnel, Civilian
Internees and Other Detainees.
7. Joint Interrogation and Debriefing Center Commander
The JIDC commander and/or chief is the officer responsible to the CDO for all matters
relating to interrogation, intelligence collection and reporting, and interaction with other
agencies involved in the intelligence and/or evidence gathering process. The JIDC
commander should be an intelligence officer and is normally responsible to:
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Questioning. The use of debriefers to deal with cooperative detainees allows commanders to
more efficiently utilize the limited number of available interrogators to conduct
interrogations. DODD 3115.09, DOD Intelligence Interrogations, Detainee Debriefings,
and Tactical Questioning, provides guidance on the use of debriefers.
(1) Authorized to utilize only direct questioning approach.
(2) Develop indicators for each intelligence requirement to support screening
operations.
(3) Report information collected during debriefing operations through established
HUMINT systems.
(4) Ensure all debriefing operations are implemented IAW applicable policy.
(5) A trained debriefer or trained interrogator may debrief a detainee.
c. Interpreters. Unless otherwise authorized by the JFC, only individuals with the
proper training and appropriate level security clearance will be allowed within the confines
of the facility to perform interpreter duties. Categories of contract interpreters include:
(1) Category (CAT) I LinguistsCAT I linguists do not possess a security
clearance and are used for unclassified work. They can be local hires with an understanding
of the English language or US citizens with an understanding of the target language. Those
personnel that are hired in theater undergo a limited screening and are required to be rescreened on a scheduled basis. CAT I linguists will not be used for HUMINT collection
operations.
(2) CAT II LinguistsCAT II linguists are US citizens who have native
command of the target language and near-native command of the English language. These
personnel undergo a screening process, which includes a national agency check. Upon
favorable findings, these personnel are granted a Secret collateral clearance, the linguist
category most used by HUMINT collectors.
(3) CAT III LinguistsCAT III linguists are US citizens who have native
command of the target language and native command of the English language. These
personnel undergo a screening process, which includes a special background investigation.
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(3) Advises the commander on medical and health-related issues. Coordinates for
medical consultations with appropriate medical specialists and coordinates for transportation
and escort of detainees to appointments, if required. Ensures medical information pertaining
to the detainees mental health condition and stability be included in the process for sharing
medical information with the interrogation component.
(4) Coordinates with the civil affairs officer to ensure detainee medical concerns
are being considered for possible presentation at the civil-military operations center.
(5) Ensures the medical requirements within the detention facility are met
consistent with DODI 2310.08E, Medical Program Support for Detainee Operations, and its
implementing orders and programs. Such requirements will include:
(a) Examining and documenting detainees physical condition upon initiation
of detention.
(b) Monthly recording of detainees weight.
(c) Monitoring of general cleanliness of the facility (latrines, showers, and
wash stations).
(d) Examining detainees for contagious diseases.
(e) Providing detainees access to medical care, such as sick call.
(6) Coordinates for preventive medicine inspections of the facility.
(7) Coordinates preventive medicine inspection of food sources. Advises the DFC
of caloric content and dietary suitability of detainee rations.
(8) Coordinates, upon the death of a detainee, with the Armed Forces Medical
Examiner (AFME), who will determine if an autopsy is required. The remains will not be
released from US custody without authorization from the AFME and the responsible
commander.
(9) Clears detainees medically for questioning and interrogation.
(10) Identifies the process for notifying interrogators of detainee medical
limitations.
d. Behavioral Science Consultant (BSC). BSCs are mental health professionals who
receive specialized training in supporting safe, legal, ethical, and effective detention and
interrogation operations. In order to maintain clear ethical boundaries, BSCs do not function
as health care providers for detainees while engaged in support of interrogation or detainee
operations. BSCs normally:
(1) Report directly to the JFC.
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Chapter II
(3) Serves as a moral and ethical advisor for the DFC.
g. Engineer
(1) Responsible for the construction, maintenance, and repair of utilities (fire
protection, water, electricity, climate control, and sanitation) and upkeep of the detention
facility.
(2) Responsible for construction support and ongoing maintenance throughout the
lifespan of the facility.
(3) Responsible for construction of force protection measures.
h. IO Officer
(1) Develops a comprehensive IO program designed to influence detainees to
support current operations.
(2) Coordinates support of information-related capabilities (IRCs) that support
detainee-related programs.
(3) Coordinates with the detainee operations lead to represent IRC requirements at
the IO working group in support of the commanders intent for detainee operations.
(4) Works with appropriate Joint Staff office of primary responsibility, through the
CCDR chain of command, to ensure that transition and reintegration of detainees efforts are
supported by IRCs as appropriate.
i. Public Affairs Officer
(1) Develops media policies regarding detainee operations for the JFC IAW
applicable US law and regulations.
(2) Coordinates all media activity regarding detainees through chain of command.
(3) Coordinates and deconflicts any messages with IO officer.
(4) Reviews detention facility operations from a public affairs perspective and
advises the JFC on potential media/public interest.
(5) Responds to media using key command messages consistent with higher public
affairs guidance.
(6) Coordinates media visits to theater detention facilities (TDFs).
(7) Works closely with host nation government ministries and agencies and assists
them in answering media queries regarding detainee status.
(8) Works closely with the media operations center director.
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CHAPTER III
PLANNING AND CONDUCT OF DETAINEE OPERATIONS
1. Introduction
a. The JFC should consider a plan for detainee operations within the JOA early in the
planning cycle of any operation. Planning for detainee operations should be in place prior to
the start of operations. The commander should analyze the wide array of logistical and
operational requirements to conduct detainee operations. These requirements begin with the
correct number and type of personnel on the ground to conduct the operation. Other
requirements are the identification, collection, and execution of a logistical plan to support
detainee operations throughout the JOA. Plans should adequately account for a potentially
very large influx of detainees during the first days of combat operations.
b. The JFC establishes the command and control (C2) relationships among all elements
involved in detainee transfers and/or release operations. C2 relationships should be
delineated clearly and succinctly (see Figure III-1). C2 guidance, both internal and external
to the joint force, should be established as early as possible.
2. Detainee Operations Planning Considerations
JFCs and their staffs should be aware of special planning considerations that history has
proven are essential to successful detainee operations. JFCs should anticipate operational
and logistical requirements well in advance of conducting detainee operations. Site selection
for a detainee facility is critical and must incorporate a wide range of factors including
logistical supportability, security, mitigation of escape attempts, and engineering aspects.
Consideration should be given to the garrison support activities that support an operating
base where detention facilities are located. Comprehensive planning will effectively identify
for the DFC and JIDC commander the resources needed to perform all associated garrison
support activities that are inherent with facilities of this type. This planning will alleviate
potential distractions from the primary mission of detainee operations. See Figure III-2.
III-1
Chapter III
Department of
the Army
JFC
CDO
JFC Staff
OPMG
J-2X
NDRC
JIDC
TDRC
DFC
DFC
DFC
ICRC
NOTE
JIDC/DFCs locations will be theater-dependent and may be relocated.
Legend
CDO
DFC
ICRC
J-2X
JFC
JIDC
NDRC
OPMG
TDRC
authority as delegated
coordination
reporting channel
liaison
III-2
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Sanitation requirements
Security requirements
Transportation
Public affairs
Legal
Biometric identification
3. Other Considerations
As with any operation, proper planning will set the conditions for the successful conduct
of detainee operations. To this end, commanders should establish planning mechanisms that
ensure effective consideration of potential detainee-related issues and the development of
plans and procedures to respond to these issues as early in the planning process as is feasible.
Because detainee operations may impact operations, intelligence, logistics, personnel
services (human resources support, religious ministry support, financial management,
manpower, and legal support), and information aspects of the mission, the detention
operations plan requires coordination with all members of the staff. Underestimating the
potential number of detainees, especially during initial military operations, has been a
planning error in recent conflicts.
a. Force Protection. To the maximum extent possible, detainees and places of
detention will be protected from the hazards of the battlefield. Detainees should derive the
same benefit from force protection measures as do members of the detaining force.
b. Logistics. Logistics considerations should be reflected in the time-phased force and
deployment data. The following issues are a few examples of some of the unique logistic
obligations and considerations associated with detention operations:
(1) Temperature and Lighting. To the extent feasible, the facilities will be
protected from dampness, adequately heated and cooled, and appropriately illuminated.
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Chapter III
(2) Food and Water. When feasible, detainees will be fed three meals a day. At a
minimum, basic daily food rations will be sufficient in quantity, quality, and variety to keep
detainees in good health and to prevent significant weight loss or development of nutritional
deficiencies. The justification for any deviation from the three meals per day standard will
be documented by the commander of the detention facility and should be reviewed by both
medical and legal support personnel. The habitual diet and religious/cultural requirements of
the detainees will be taken into account. The detaining power will supply detainees who
work with such additional rations as are necessary for the labor in which they are employed.
Sufficient water for drinking and hygiene will be supplied to detainees.
(3) Clothing. Adequate clothing for the climate will be provided, and a clothing
replacement program will be instituted at each facility. Issued clothing should be uniform in
color for identification purposes. If replacement clothing is not available, commanders will
attempt to provide for the cleaning of detainee clothing in order to protect the health and
well-being of detainees until a clothing exchange program can be instituted.
(4) Financial Management. The JFC is responsible for providing EPWs and CIs
pay. The joint task force comptroller may designate a component to provide currency and
other required support. The designated component will also ensure that controls are
established to process deposits to and payments from designated accounts properly. Refer to
Defense Finance and Accounting ServiceIndianapolis Regulation 37-1, Finance and
Accounting Policy Implementation, Chapter 26, for specific information pertaining to
detainee pay.
(5) Medical Care, Dental Care, and Sanitation. The detaining power will take
all sanitary measures necessary to ensure the cleanliness and healthfulness of facilities, and
to prevent epidemics. Detainees will have access to sanitary facilities that conform to
preventive medicine sanitation standards. In facilities where women detainees are
accommodated, feminine hygiene supplies will be provided. Detainees will receive a full
medical history and physical exam during in-processing. A medical record will be created
for each detainee, and a narrative summary of that record will be forwarded to the detainees
new facility location. If the detainee is released, he/she should be given a narrative clinical
summary detailing past and present medical status and recommendation of medical followup, if any. All treatment provider names will be redacted. No records will be released
directly to the detainee or a foreign country. Patient services should include first responder,
forward resuscitative, and theater hospitalization capabilities, as operational circumstances
permit. As a contribution to the maintenance of good order, the DFCs should also provide
mental health services (mental health treatment, assessment, and therapy) to detainees when
feasible.
(6) Work Program. The JFC establishes appropriate policy and guidelines for the
detainee work programs, to include validation of the funding requirement through the
appropriate resourcing channels within theater.
c. Property Safekeeping and Confiscation Accountability. DODD 2310.01E,
Department of Defense Detainee Program, states, Detainees and their property shall be
accounted for and records maintained according to applicable law, regulation, policy or other
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detention facility must not be such as to hinder unjustifiably the observance of religious rites,
and commanders should plan for the reasonable accommodation of the religious needs of
detainees. Certain limitations may be necessary due to security concerns. However, a good
faith balance should be struck between the detainees obligation to comply with disciplinary
rules and procedures and the detaining powers obligation to afford detainees the ability to
meet their religious obligations and exercise their religious practices. The detaining power is
also prohibited from imposing any adverse distinctions within the detainee population based
on religion. In this regard, it should be noted that in some situations, segregating the
detainee population based on religious affiliation may be beneficial and therefore not
prohibited, particularly when conflict has been based in part on religious affiliation.
Detainees have no right to person-to-person support by military chaplains. Therefore JFCs
are under no obligation to provide such support. Accordingly, military chaplains do not
generally provide direct religious support to detainees. Should the JFC determine a
requirement to provide direct military chaplain support to detainees, communications
between the chaplains and the detainees will be privileged to the extent provided by Military
Rule of Evidence 503 and appropriate Military Department policies.
(2) Physical and Intellectual Activities. Physical and intellectual activities for
detainees contribute to the maintenance of good order and discipline within the detainee
population. Commanders may accommodate these interests when doing so is both feasible
and consistent with mission requirements. The extent to which accommodation is
considered and/or implemented will be determined by the needs of the facility population
and will take into account both security limitations and available resources. Authorized
activities and programs include, but are not limited to, participation in physical exercise,
access to outdoor areas, and the practice of intellectual, educational, and recreational
pursuits. Other programs that may be considered, where feasible and consistent with
security limitations and/or mission accomplishment, include establishment of a family
visitation program.
(3) Detainees should have voluntary access to a wide array of programs. These
programs help protect moderate detainees from extremist influence, prepare detainees for
release, and encourage them to not engage in belligerent activities when released. While the
programs must be tailored for each area and conflict, they can include vocational,
educational (especially reading and writing), and religious programs.
f. The ICRC and NGOs and Other Similar Organizations
(1) During detainee operations, commanders may encounter representatives of
organizations attempting to protect detainee interests. Such representatives will often seek
access to detainees, and/or offer their services to assist in the care and maintenance of
detainees. Effective detainee operations planning will establish a mechanism for command
interaction with such organizations in order to maximize the benefit of potential
contributions to the US effort. Commanders should anticipate that, upon initiation of
detainee operations, these organizations will request access to and/or information about
detainees, and they will continue to do so throughout the operation. Commanders should
seek guidance through operational command channels for responding to such requests prior
to the initiation of detainee operations, or as soon thereafter as possible. In the absence of
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Capturing Power
US9AF-000234EPW
Theater Code
Sequence
Number
(1) First Component. The two-digit alpha character code representing the
capturing power. Only country codes found within the Defense Human Intelligence
Enterprise-Manual (DHE-M) 3301.001, Defense Human Intelligence (HUMINT) EnterpriseManual, Volume I: Collection Requirements, Reporting, and Evaluation Procedures, or its
successor, will be used.
(2) Second Component. The single-digit designation of the command/theater under
which the detainee came into the custody of the US.
(3) Third Component. The two-digit alpha character code representing the
detainees power served/nationality. Where applicable, country codes found within DHE-M
3301.001, Defense Human Intelligence (HUMINT) Enterprise-Manual, Volume I: Collection
Requirements, Reporting, and Evaluation Procedures, or its successor, will be used.
(4) Fourth Component. A unique six-digit number assigned exclusively to an
individual detainee. The DRS will assign these numbers sequentially. This component is
commonly referred to as the sequence number. Not even in the event of a detainees
death, release, repatriation, transfer, or escape, will a sequence number be reissued during the
course of a single conflict to another detainee. If a detainee is ever issued two sequence
numbers, the later number will be voided and the NDRC will be notified.
(5) Fifth Component. A two- or three-digit alpha character code representing the
detainees classification. The ISN, once issued, is reported through the TDRC to the NDRC.
Once the DRS has created an ISN, no component may be changed or corrected at the theater
level without approval from the NDRC. All changes to an ISN must be requested in writing
and approved by the NDRC.
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b. When required by law and/or policy, the NDRC provides detainee information to the
ICRC to satisfy Geneva Convention obligations. The ICRC uses this information to provide
notice of the status of the detained individual to his or her government. The US must be
vigilant in executing all obligations to account for detainees and must issue detainees an ISN
when required by law and/or policy. Commanders should make every effort to standardize
tracking detainees from point of capture through the issuance of an ISN. The unique capture
tag number that is found on Department of Defense Form (DD) 2745, Enemy Prisoner of
War (EPW) Capture Tag, or allied equivalent, is the only authorized tracking number that
may be used prior to the assignment of an ISN. After the ISN is assigned, previously
generated documents should be annotated with the ISN. For example, medical personnel
should use the capture tag number and then use an ISN, once an ISN is issued to a detainee,
to track a detainee through the medical treatment facilities and back to the detention facility.
Biometric samples should be labeled with the detainees ISN when being submitted to a
laboratory or authoritative database for processing, and associated data annotated
accordingly when being stored or transmitted. The DRS cross references the ISN and the
capture tag number for administrative purposes.
c. IAW National Security Presidential Directive 59/Homeland Security Presidential
Directive 24, Biometrics for Identification and Screening to Enhance National Security, all
individuals detained during military operations and assigned an ISN for engaging in conduct
constituting, preparing for, aiding, or relating to enemy acts against US, allied, and/or
multinational forces, excluding any individual detained solely as an EPW, shall be
categorized as potential threats to national security. Based on this designation, biometric and
biographic information on these individuals will be made available to front-line screening
organizations to support future privilege or access decisions. Complete and accurate
collections of biometric, biographic, contextual, and derogatory information on detainees
upon intake and throughout the period of DOD control is critical to support future
operational decisions at the point of encounter. Similarly, based upon information, events,
and materials associated with the captured individual, many detainees may meet the criteria
for nomination to the National Known or Suspected Terrorist Watch List. This watch list is
used by front-line screening organizations to control entry into the United States or its
territories, as well as the sovereign boundaries of many of our allies, and in some cases
access to major transportation systems (air, rail, etc.). Complete and accurate information
collected at the point of capture, especially during early periods of conflict when the rate of
detention may be at its highest, is critical. Sometimes, it is solely the information recorded
on the DD 2745, Enemy Prisoner of War (EPW) Capture Tag, that facilitates an accepted
known or suspected terrorist watch list nomination.
5. Detainee Control and Discipline
Maintaining control and discipline within a detention facility is essential to detainee
operations. JFCs will ensure that DFCs establish procedures for detainee control and
discipline. Because imposition of corporal punishment is inconsistent with the humane
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treatment obligation, commanders must understand the relationship between reward and
punishment. As a general rule, withdrawal of privileges provided above the minimum
required level of humane treatment is often the most effective sanction for disciplinary
infractions, and granting additional privileges is often the most effective incentive for
continued compliance and cooperation. Planning for the provision of such privileges is
therefore an essential component to any discipline and control program. Other
considerations for maintaining control and discipline include, but are not limited to:
a. SOPs regarding positive control measures over detainees, including use of biometrics
systems to verify detainee identities at locations throughout the facility.
b. Procedures to ensure detainees understand rules, regulations, and expectations of
compliance. Those rules and regulations shall be posted for detainees in their native
language.
c. Viable mechanisms for detainees to raise grievances to the chain of command.
d. Privilege-granting and withdrawal processes to enhance compliance.
e. SOP regarding physical compliance measures when lesser means have been or would
be ineffective. For more information, see Appendix C, Detention Facility Riot Control
Measures.
f. Prohibition of fraternization between detainees and detention facility personnel.
g. SOPs regarding prevention of escape attempts.
h. A rewards and penalty program. For those detainees who are uncooperative and high
risk, the Geneva Conventions address the minimal level of treatment and entitlements.
6. Training Standards and Documentation for Detainee Operations
The Office of the Provost Marshal General has primary Headquarters, Department of the
Army responsibility for the DOD Detainee Programs. When US forces conduct detainee
operations, they must possess the text of the applicable Geneva Conventions and be
instructed as to their provisions. JFCs have the overall responsibility to develop, implement,
monitor, and, when necessary, refine standards, policies, and SOPs for detainee operations
that are consistent with obligations imposed by law and applicable policy. Pursuant to this
obligation, JFCs are responsible to ensure the effective routine review of detainee operations
and related training to enhance compliance with applicable law and policy. All guard force
commands and respective attachments will establish a continuous training program; training
regularly on emergency plans, to include disturbance control formations, use of force, first
aid, interpersonal communication skill training, and nonlethal munitions usage. DFCs will
maintain records of all relevant documents regarding the conduct of detainee operations.
These records will be available for review during all inspections and assessments of the
detainee operation.
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CHAPTER IV
CAPTURE AND INITIAL DETENTION AND SCREENING OF DETAINEES
Humane Treatment. The requirement that protected persons must at all times be
humanely treated is the basic theme of the Geneva Conventions.
Jean S. Pictets Commentary to the Geneva Convention Relative to the Treatment
of Prisoners of War, Article 13, 1958
1. Introduction
a. In any given JOA, any element of the joint force may find itself on a mission in
which individuals are captured or placed under the control of US forces. The efficient and
effective control, processing, detention, and intelligence exploitation of such personnel is
often critical to the success of US forces. The humane treatment and proper care of detained
personnel support US mission success.
b. Capture or detention may occur during any military operation. Commanders, their
staffs, and subordinate forces must anticipate this reality, and plan and train accordingly.
2. Capture and Initial Screening
a. Once the capture of individuals has occurred, the proper identification and
classification of those personnel is critical to the overall intelligence and detainee operations
effort. Rapid collection of biometrics information from detainees is critical to ensuring their
prompt identification, and is a crucial step that must be conducted as soon as possible after
detention. The initial classification of a detainee may be based on unsupported statements or
documentation accompanying the detainee. After a detainee is assigned to a facility, expect
a continuing need for further classification. If the identity of the detainee was based on
unsupported statements or documentation, the detainee may be reclassified as more
information is obtained. Tactical commanders must exercise discretion when determining
whether an individual poses a credible threat or possesses sufficient information requiring
evacuation and detention. All joint force components will establish collection points that
meet established standards within their specific operational area.
b. Individuals captured or detained by US forces must be evacuated expeditiously
through transit points to reach a detention facility in a secure area. Capturing units should
have supplies of the following equipment: flex-cuffs, blackened goggles, zip-lock bags,
trash bags, duct tape, DD 2745, Enemy Prisoner of War (EPW) Capture Tag, and
evidence/property custody documents. When captured, detainees will normally be held at
the DCP pending their evacuation. The DCP will support the rapid transfer of control from
capturing forces to US MP or other approved units for custody and control. Capturing units
may conduct tactical questioning for combat information relative to the commanders critical
information requirements IAW DODD 3115.09, DOD Intelligence Interrogations, Detainee
Debriefings, and Tactical Questioning, and DOD approved policies. DOD personnel who
conduct, support, or participate in tactical questioning shall be trained, at a minimum, in the
law of war and humane treatment standards. The detainee guard force at DCP facilities
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should have supplies of the following equipment: biometrics collection devices, restraints,
latex examination gloves, flex-cuffs, civil disturbance gear, and nonlethal weapons. The
DCP should be located close to the area of actual operations for quick detainee evacuation,
but also be situated in a safe, secure location for both detainees and the security force.
Appropriate segregation of detainees will be implemented as early as feasible in the
detention process. While at the detention facility, a determination must be made regarding
further evacuation for strategic intelligence exploitation and dissemination. It should
therefore be located close to the area of actual operations for quick evacuation of detainees,
but should also be situated in a location intended to provide for the safety and security of the
detainees and the security force. For example, the DCP could normally be located in a
brigade support area of the brigade combat team, or an equivalent type unit. Detainees
should be transported from the DCP to the detainee holding area (DHA) as soon as
practicable. The DHA will normally be located in a secure location that provides safety and
is easily accessible for receipt and evacuation of detainees. Upon arrival at the DHA,
HUMINT collectors will normally screen all arriving detainees to determine those suspected
of possessing information of immediate tactical value. The DCP will coordinate with the
supporting higher headquarters for the evacuation of detainees using organic assets to the
DHA. Detainee status determinations will not be made at the DHA. IAW DOD policy, all
detainees will be treated humanely at all times and locations.
c. The DHA should be located in a secure area with easy access to transportation nodes,
but must be protected from the effects of the battlefield to the extent feasible. To the extent
possible, accommodation must be made for female and child detainees. Unless militarily
infeasible, female detainees must be searched by female service members and must be
segregated from male detainees. If possible, increased numbers of HUMINT collectors
should be available for exploitation activities at the DHA.
d. Detainees will be transported to a TDF based on intelligence exploitation and
transportation availability, at which point they will normally be assigned an ISN. All
detainees will be in-processed and receive an ISN immediately upon arrival. Additionally,
biometric collection is mandatory during detainee in-processing. An MP detention battalion,
with the appropriate units assigned, will conduct operations at a TDF with a specific capacity
of up to 4,000 detainees, based on a docile, compliant population. Units will mark and tag
all detainee-associated documents and property and transfer the documents and property to
the transporting unit for movement to the TDF. This will maintain detainee property
accountability and provide for further analysis and evaluation by DOD-trained HUMINT
collectors and/or certified interrogators.
e. Detainees will not be accepted for detainment or transfer to US military control from
other nations without prior approval from OSD. The officer designated to accept them will
properly account for all detainees received. The receipt (DD 2708, Receipt for Inmate or
Detained Person) indicates the place and date the facility assumed custody and the name,
grade, and nationality of each transferred detainee.
f. Prior planning, close coordination, and synchronization of assets with all resources
used for the transportation of detainees to the TDF are required. Planning considerations
should include proximity to DCPs and TDFs within the JOA, transportation responsibilities
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k. The NDRC serves as the national collection center for detainee information. The
TDRC is assigned to the MP brigade and functions as the field operations agency for the
NDRC. It is the central agency responsible for maintaining and reporting information on all
detainees and their personal property within an assigned theater. The CDO reports detainee
accountability of persons and property of their facility/facilities to the TDRC every 24 hours
via Department of the Army Form 2674-R-E, Enemy Prisoner of War/Civilian Internee
Strength Report (LRA), which is submitted through the DRS. The TDRC reviews and
reports detainee accountability of persons and property within an assigned theater to the
NDRC every 24 hours via Department of the Army Form 2674-R-E, Enemy Prisoner of
War/Civilian Internee Strength Report (LRA), which is submitted through the DRS. These
reports are critical to ensure continued compliance with applicable US law, the law of war,
and DOD policy. Note: MP detention battalions may report directly to NDRC when a TDRC
is not operating in theater.
3. Secondary Screening and Confirmation
The tactical commander/leader has responsibilities to properly handle and prepare
detainees for subsequent transfer to a DHA or TDF. Additionally, DFCs and interrogation
commanders must have clearly defined secondary screening and confirmation policies and
procedures to receive detainees from point of capture units. Commanders at each level
should ensure the following steps are taken when handling detainees.
a. Point of Capture Units. Units below battalion will be trained on how to conduct
tactical questioning and make recommendations to MI personnel on potential detainees of
intelligence value. Detainee capture kits need to be issued to capturing units to assist in the
proper identification, securing, and transporting of detainees. These kits may include
biometrics collection devices, buccal swabs for DNA ([deoxyribonucleic acid] collection),
latex gloves, surgical masks, flex-cuffs, earmuffs, capture tags, and property bags along with
property custody documents. Each detainee must arrive at the DHA or TDF with a
completed capture tag and the required information that can be found in the detainee tagging
kit. JFCs may implement additional measures beyond the required capture tag. Proper
completion of the capture tag is important to intelligence collection, detainee status
determination, and the decision to retain or release. Failure to provide a properly annotated
capture tag may substantially degrade the ability to process the detainee effectively, and it
may result in the denial of acceptance of detainees at a facility until the required paperwork
is completed and turned over to the new facility.
b. Daily Detainee Operations. DFCs will establish policies and procedures for the
detention and interrogation of detainees in the detention facility. Such policies must be
consistent with applicable US law and policy. All locations where detainees are held by US
forces will, to the extent feasible, be shielded from the dangers associated with military
operations. Commanders should attempt to utilize building-type structures for internment
facilities. However, although this may be a preference, there is no prohibition against using
less-improved facilities when they offer the best available option for satisfying all legal and
policy obligations related to detainee treatment. There is no legal requirement to provide
detainees with conditions better than those of the US forces executing the detainee operation
mission.
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Military police (MP) or authorized guard force personnel will escort the
detainee to the joint interrogation and debriefing center (JIDC), which is
located in close proximity to the detention facility. Depending on local
standard operating procedures, security concerns, and force manning
levels, the human intelligence (HUMINT) collectors and certified
interrogators may request that escorts remain to guard the detainee, or they
may release the escorts until the detainee needs to be returned to the living
area. Release of custody must be officially documented. The JIDC
personnel will never use locally contrived aliases or false names on detainee
records. A six-digit field reporter number (FRN) may be substituted for the
collectors name on chain of custody receipts. (An FRN should be requested
through the command counterintelligence and HUMINT staff element to the
Defense Intelligence Agency.) The only authorized purpose for escorts to
remain in the HUMINT collection area is to provide for custody and control of
the detainee. MP or other security personnel will not be involved in the
interrogation process or set conditions for interrogations.
(2) After coordination with the AFME, the detention facilitys senior medical
officer available will sign the death certificate. This authority will not be delegated. Upon
the death of a detainee, the detention facility, unit, or medical facility will immediately notify
the TDRC through the chain of command by the most expeditious means possible.
(3) The DFC will initiate a serious incident report.
(4) As soon as possible, with permission from the responsible military investigative
agency, biometrically confirm the identity of the deceased detainee.
d. JIDC. A JIDC is located in close proximity to a TDF. The DFC and the intelligence
operations commander will develop procedures that include accountability and security
responsibilities for detainees when they are undergoing interrogation. HUMINT collectors
will coordinate with the TDF commander in order to obtain detainee information gathered by
organic MP personnel through passive custodial observation and conversation.
4. Transfers
a. Transfers refers to the movement of detainees between DOD locations. Typically a
transfer will also change the officer responsible for the detainees accountability and wellbeing.
b. During the course of their detention, detainees may be transferred between relatively
local TDFs, across international borders, or to other suitable locations outside the combat
zone. Orders directing detainee transfers usually will include detailed coordinating
instructions regarding the method of transportation. Movement may involve multiple modes
of transportation and coordination between the Services to effect the transfer.
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c. Security and safety are principal concerns when planning a transfer. Security must
include safeguards for US and multinational force personnel, government property, and the
detainees. Further considerations include contingency plans for and prevention of escape
attempts, attacks upon the detainee movement, delays en route due to enemy actions,
weather, and mechanical failures.
d. Plans must include provisions for adequate food, water, and shelter. The movement
should not expose the detainees to undue hazards. Consideration for individual detainee
needs (e.g., adequate supplies of prescription medication, medical support en route, and
sanitary and hygienic needs) must also be addressed.
e. Extended trips may require guard force rotation and rest plans.
5. Detainee Movement Planning
The primary considerations for detainee escort missions are the security of the
conveyance, the safety of all US resources, and the protection of the detainees. The
coordination for the transportation of detainees is the responsibility of the detaining power
and is a task that must be performed by military personnel. The foremost planning
consideration is assessing the appropriate amount of land, maritime, and air transportation
assets to accomplish the mission. Considerations will also be made for the logistical,
medical, and linguistic needs of detainees while in transit. Given the array of transportation
methods and variety of arrangements, no single instruction can feasibly outline all tactics,
techniques, and procedures to be used throughout all detainee escort missions. Therefore, it
is necessary for commanders, security elements, and other personnel to use their best
judgment when selecting a course of action to accomplish this task. Ideally, the issues
related to detainee transport should be addressed in orders or directives issued by the JFC.
6. Procedures
a. DFCs will forward copies of detainee records (including at a minimum: capture tag,
disciplinary actions, medical narrative summaries, property, and record of any injuries
sustained since capture) along with a complete manifest for each detainee transferred. Prior
to transport from the DHA to a TDF, all detainees will receive a thorough medical exam, and
be deloused, bathed, and, if necessary, shaved. Detainees will be thoroughly searched for
weapons and contraband immediately before boarding the conveyance. Detainees will be
briefed in a language that they understand about the departure and restrictions while on board
the conveyance, as well as safety and emergency procedures. Detainee records and property
will accompany them during transport.
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b. Another aspect of transfer missions is the transportation of detainees to medical
treatment facilities or to judicial proceedings. These transfer missions are likely to involve
many security assetstherefore, commanders should conduct a thorough mission analysis
and determine appropriate requirements for such transport missions. Therefore, they should
be considered when planning detainee operations.
7. Detainee Movement by Land Transportation
JFCs should plan for and assign the mission of detainee evacuation to a properly
resourced transportation element. The transportation of detainees is a separate mission from
the escort and guarding of detainees in transit. Capturing units and initial transfers will
primarily use land transportation. Further movement of detainees by land transportation
should be minimized to limit exposure to hazards, public curiosity, and the media.
8. Detainee Movement by Maritime Transportation
Detainee movement by maritime transportation can be used, but normally it will not be
considered as a location for detention (in rare circumstances, temporary maritime detention
may provide the best course of action to protect detainees from operational and
environmental hazards). If considered, the use of maritime detention must be authorized by
Secretary of Defense (SecDef). When maritime movement is used, appropriate resources
and areas aboard maritime vessels will be sequestered for detainee use and must meet the
requirements of the Geneva Conventions. See Appendix B, Detainee Operations at Sea.
9. Detainee Movement by Air Transportation
Detainee movement by air should be the primary means of transporting detainees
outside the JOA. Aircrews that are responsible for the transportation of detainees will be
briefed on the proper handling and interacting procedures. Security escort teams will be
trained for the mission and perform all detainee handling procedures on board the aircraft.
The security escort team leader will adopt tactics, techniques, and procedures to meet
mission requirements, including feeding, latrine escort, medical aid, and any emergency
actions aboard the conveyance. A copy of the detainee manifest will remain with the losing
organization until the detainees are accounted for at the gaining unit.
10. Detainee Disposition
A detainee disposition describes the intended status of a detainees liberty, confinement,
or fate upon release from DOD control. A disposition will be indicated on release or
repatriation orders generated by the DRS.
a. Repatriation
(1) Is a term applied only to EPW/RP when leaving DOD control for return to their
country.
(2) Repatriation or accommodation of sick or wounded EPWs/RP in a neutral
country may occur during hostilities.
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c. Escape. Self-explanatory.
d. Death. Self-explanatory.
e. Disposition Responsibilities
(1) JFC
(a) Provide all personnel conducting detainee operations training and logistical
support necessary to conduct transfer or release operations.
(b) Develop and conduct all transfer and/or release operations IAW applicable
US law and policy.
(c) Determine air, land, or maritime transportation requirements for transfer
and/or release operations to the point of capture, through the unit responsible for that JOA.
(d) Establish the C2 relationship between all elements involved in transfer
and/or release operations.
(e) Provide notification of the transfer and/or release of a detainee to the
NDRC.
(f) Coordinate with appropriate staff elements to conduct transfer or release
operations.
(g) Coordinate with appropriate commanders and staffs to ensure that transfer
or release operations directives are disseminated throughout the JOA.
(2) JFS
(a) Ensure policies established regarding medical requirements for the transfer
or release of detainees are IAW applicable US law and policy.
(b) Ensure coordination of subordinate medical elements to support transfer or
release operations.
(3) Staff Judge Advocate
(a) Provide the JFC with legal guidance regarding applicable US law and
regulations.
(b) Serve as the command liaison to the ICRC and advise the command
concerning ICRC activities related to the transfer/release of detainees.
(c) Provide technical expertise in support of required instruction and training
related to the law of war.
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c. The temporary transfer of detainees from one facility to another is authorized to
accommodate surges in the detainee population beyond capacity. Transfers will also occur
to ensure detainee treatment and conditions are IAW applicable law and policy. As a general
rule, detainees should not be transferred closer to military operations.
d. A detainee who is captured or detained by the US military or other agencies will be
turned over to the US detention facility designated by the JFC at the earliest opportunity.
Inter-Service or intratheater transfers will be executed following initial classification and
administrative processing.
14. Transfer Between Department of Defense Facilities
a. Reclassification or other situations may result in a detainees transfer. The
transferring unit will determine appropriate security measures based on the type of detainee
being transferred, the mode of transportation used, and other relevant conditions.
b. The DFC will:
(1) Publish a transfer order and inform the TDRC/NDRC of the movement.
(2) Verify the accuracy and completeness of the detainees personal records and
provide copies of the records (in a sealed envelope) to the guards accompanying the
movement.
(3) Verify that the detainees possess their authorized clothing and equipment.
(4) Account for and prepare impounded personal property for shipment with the
escorting unit or separate shipment as appropriate.
(5) Brief escort personnel on their duties and responsibilities, including procedures
for an escape, a death, or other emergencies.
(6) Provide rations and basic needs to the detainees during the movement.
(7) Ensure the detainees are manifested by name, ISN, nationality, and physical
condition (including a statement of communicable diseases, if applicable).
(8) Prepare paperwork in English and other languages (if required) before
transferring the detainees.
(9) Ensure detainees are given a full physical, instructions for medication, and a
supply of medications.
(10) Ensure all appropriate health and disciplinary records accompany the detainee.
(11) Coordinate prior to transfer with JFC subordinate commanders regarding
transfer of detainees.
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JP 3-63
IV-13
Chapter IV
Actions
Maintain control and accountability until releases or transfers are
received by the appropriate authorities.
Maintain a manifest that contains:
Name
Rank/status
Internment serial number
Power served/nationality
Physical condition
Note: A manifest is used as an official receipt of transfer and
becomes a permanent record to ensure accountability of each
detainee until release.
Records
Personal property
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JP 3-63
APPENDIX A
DETAINEE REPORTING SYSTEM
1. Introduction
The DRS is the mandated detainee accountability database for all DOD components.
Key functions of the DRS at the TDF include assigning ISNs; documenting detainee
transfers, releases, and reparations; recording detainee deaths; and recording detainee
escapes. Timely and accurate reporting is critical to ensuring accountability of detainees and
adherence to obligations under applicable US law, the law of war, and DOD policy. As
detainees are collected and processed, applicable law and policy require that such
information is forwarded to the appropriate authorities. The DRS creates biometrically linked
official detainee records for the DOD and the USG. The DRS is a web-based system that
allows for real-time data sharing with deployed systems via independent satellite
communication packages. The DRS is an essential tool for detainee operations that is used
to issue Geneva Convention required ISNs, and to collect and submit biometric fingerprints
and photos with biographic information, including medical and property files, on all
detainees.
2. National Detainee Reporting Center
The NDRC is designated by the Office of the Provost Marshal General as the recipient
and archive for all detainee information. The NDRCs principal responsibility is to ensure
the collection, storage, and appropriate dissemination of detainee information as required by
AR 190-8/OPNAVINST 3461.6/AFI 31-304/MCO 3461.1, Enemy Prisoners of War,
Retained Personnel, Civilian Internees and Other Detainees, and DODD 2310.01E, The
Department of Defense Detainee Program. The NDRC provides detainee information to the
ICRC to fulfill the requirements of applicable law and policy. The NDRC directs the
development of the DRS, and the NDRC communicates assistance to the TDRCs when
TDRCs are in use in a theater of operation. When TDRCs are not present, the NDRC will
communicate assistance directly to the detention facilities. It will provide initial and
replacement block ISN assignments to organizations operating in the theater. The ISN is the
sole number used to track detainees and their property. The NDRC will issue a block of
ISNs to organizations that process detainees upon authorization from the Provost Marshal
General in conjunction with the OSD (Detainee Policy). Upon being issued an ISN, the
NDRC submits the required identifiers to the DOD Biometrics Enabled Watch List Manager
for review and appropriate handling of information.
3. Theater Detainee Reporting Center
The TDRC functions as the field operations agency for the NDRC. It reports all
detainee data directly to the NDRC. It is the central agency responsible for maintaining
information on all detainees and their personal property within an operational area. It will
obtain and store information concerning all detainees in the custody of US Armed Forces and
those captured by US Armed Forces and transferred to or from other powers for detention
(either temporarily or permanently). The TDRC serves as the theater repository for
information pertaining to accountability of detainees and implementation of DOD policy.
A-1
Appendix A
a. All locations issued ISNs by the NDRC will forward information concerning the
detainees back to the TDRC. The ISN is used throughout the detainees detention as their
primary means of identification and is used to link the detainee with biometric data
(fingerprints, facial photos, iris images, DNA), personal property, medical information, and
issued equipment.
b. Any location that holds detainees may receive a DRS if deemed necessary by the
CCDR, TDRC, or NDRC. All locations with DRS must conform to all reporting
requirements established by the NDRC. If provided with a DRS, the facility can request ISNs
(except collection points) from the TDRC and forward all information concerning the
detainees to the TDRC. The ISN issued at the facility will be used throughout the detainees
detention.
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JP 3-63
APPENDIX B
DETAINEE OPERATIONS AT SEA
1. It may be necessary to detain individuals on naval vessels in situations in which they
are initially captured at sea (e.g., counter-piracy operations, directed maritime interdiction
operations, or recovery of shipwrecked enemy personnel in an armed conflict). Such
individuals may be held on board as operational needs dictate, pending a reasonable
opportunity to transfer them to a shore facility or to another vessel for eventual transfer to a
shore facility. Additionally, individuals not initially detained at sea may be held on board
naval vessels while being transported between land facilities or in other cases dictated by
operational necessity. In all cases of detention at sea, detained individuals will be moved
from the vessel to a shore detention facility at the earliest opportunity consistent with
operational imperatives.
2. As with any detained personnel, US forces conducting at-sea detention are obligated
to comply with all applicable legal and policy standards for the treatment of detainees.
These include the requirement to treat detained individuals humanely and IAW Common
Article 3 of the 1949 Geneva Conventions during non-international armed conflict, the
Detainee Treatment Act, the principles set forth in Article 75 of Additional Protocol I to the
Geneva Conventions during international armed conflict, and applicable provisions of the
1949 Geneva Convention Relative to the Treatment of Prisoners of War for EPWs.
3. Prolonged detention of captured individuals on board naval vessels is permissible
only under strictly limited circumstances. Shipboard detention is therefore only a temporary
measure permitted until the detained individuals can be transferred to a shore-based facility.
It is limited to the minimum period necessary to transfer detainees from a zone of hostilities
or as a result of operational necessity.
4. Individuals detained in connection with international armed conflict and classified as
EPWs (including RP) are subject to special rules which may limit the discretion of US forces
to detain such persons at sea. Article 22 of the 1949 G, provides, in pertinent part, that
Prisoners of war may be interned only in premises located on land and affording every
guarantee of hygiene and healthfulness. While temporary at-sea detention as discussed
above is not necessarily inconsistent with this prohibition, prolonged detention of detainees
entitled to EPW status on board naval vessels violates US obligations under international law
if such detention constitutes internment. Under no circumstances should naval (or other)
vessels be used for this purpose. The use of immobilized vessels for even temporary holding
of EPWs or RP is prohibited without SecDef approval.
5. Commanders should seek assistance from legal advisors regarding the status and
treatment of persons detained on board naval (or other) vessels.
B-1
Appendix B
Intentionally Blank
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JP 3-63
APPENDIX C
DETENTION FACILITY RIOT CONTROL MEASURES
1. Introduction
Riot control tactics, techniques, and procedures are usually written for quelling civil
disturbances that occur in large open areas where the size of the responding force or the type
of formation employed is not hampered by a lack of space. However, in a detention facility,
detainee disturbances may occur in small, closed areas, such as a housing area, a dining
facility, or a chapel where available maneuver space limits the size of the element and
equipment that may be employed. The layout of each facility is different and presents its own
problems when employing riot control measures.
2. Crowd Tactics Within a Detention Facility
a. In detention facility disturbances, detainees may employ a number of tactics to resist,
exert control, or achieve their goals. Nonviolent tactics range from obscene remarks, taunts,
and jeers, to building barricades to impede troop movement. Violent tactics used by
detainees can include physical attacks on guards, other detainees, or property. The use of
makeshift weapons against individuals (guards or detainees), property, or facilities is limited
only by the ingenuity of the detainees, and the materials available to them.
b. The Guard Force is susceptible to violent crowd behavior. Guards will likely become
emotionally stimulated during any confrontation with detainees. To counteract the effect of
crowd behavior on the guard force, commanders should institute rigorous training and firm
and effective leadership. This training should include a complete awareness and
understanding of the use of force as well as the commanders intent.
3. Planning
DFCs must be aware of the potential risks involved in quelling disturbances within a
detention facility. Careful planning minimizes collateral damage and risks to control force
members. Planners must consider:
a. The location of the disturbance.
b. The estimated number of rioters.
c. Access to weapons or improvised weapons.
d. Detainees military training.
e. Hostage situations.
4. Use of Force Guidelines
Plans, SOPs, and other directives must establish the procedures for authorization and use
of lethal and nonlethal force, including riot control agents. Use of riot control agents must be
C-1
Appendix C
approved for use by appropriate authority IAW applicable rules for the use of force.
Commanders should coordinate with the staff judge advocate prior to incorporating any of
the use of force guidelines in plans, SOPs, and similar directives.
5. Record of Events
A record of events must be initiated to provide a basis for the preparation and
submission of a formal report to higher headquarters. Augment the record with video or still
photographs if possible.
6. Training and Equipment
Guard units and associated teams must establish a continuous training program and train
regularly on emergency plans, riot control formations, use of force, first aid, and
interpersonal communication skills. Recommended basic riot gear used by the control force
includes:
a. Riot baton.
b. Riot shield.
c. Helmet with face shield and neck protection.
d. Groin protector.
e. Ballistic- and stab-resistant vest.
f. Leather gloves.
g. Shin protection.
h. 12-gauge and 40-millimeter nonlethal munitions.
i. Nonlethal Stingball hand grenade.
7. Forced Cell Move Teams
The intent of a forced cell move or extraction is to move an unruly and/or uncooperative
detainee from one cell to another in a controlled manner. A forced cell move must be
thoroughly planned, rehearsed, and properly resourced to ensure the safety of the team
members and the detainee.
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JP 3-63
APPENDIX D
REFERENCES
The development of JP 3-63 is based upon the following primary references:
1. General
Public Law 109-163, The Detainee Treatment Act of 2005.
2. Multinational Treaties
a. Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in
Armed Forces in the Field, 12 August 1949.
b. Geneva Convention for the Amelioration of the Condition of the Wounded, Sick, and
Shipwrecked Members of Armed Forces at Sea, 12 August 1949.
c. Geneva Convention Relative to the Treatment of Prisoners of War, 12 August 1949.
d. Geneva Convention Relative to the Protection of Civilian Persons in Time of War, 12
August 1949.
3. Department of Defense Publications
a. DHE-M 3301.001, Defense Human Intelligence (HUMINT) Enterprise Manual,
Volume I: Collection Requirements, Reporting, and Evaluation Procedures.
b. DODD 1325.04, Confinement of Military Prisoners and Administration of Military
Correctional Programs and Facilities.
c. DODD 2310.01E, The Department of Defense Detainee Program.
d. DODD 2311.01E, DOD Law of War Program.
e. DODD 3115.09, DOD Intelligence Interrogations, Detainee Debriefings, and
Tactical Questioning.
f. DODD 3115.13, Department of Defense Support to the High-Value Detainee
Interrogation Group (HIG).
g. DODI 1325.07, Administration of Military Corrections Facilities and Clemency and
Parole Authority.
h. DODI 2310.08E, Medical Program Support for Detainee Operations.
i. DODI 3115.10E, Intelligence Support to Personnel Recovery.
D-1
Appendix D
4. Chairman of the Joint Chiefs of Staff Publications
a. CJCSI 3290.01D, Program for Detainee Operations.
b. CJCSI 5810.01D, Implementation of the DOD Law of War Program.
c. JP 2-01.2, Counterintelligence and Human Intelligence Support in Joint Operations.
d. JP 3-13.2, Military Information Support Operations.
e. JP 3-50, Personnel Recovery.
5. Multi-Service Publications
a. AR 190-8/OPNAVINST 3461.6/AFI 31-304/MCO 3461.1, Enemy Prisoners of War,
Retained Personnel, Civilian Internees and Other Detainees.
b. FM 5-34/MCRP 3-17A, Engineer Field Data.
6. United States Army Publications
a. AR 25-1, Information Management Army Information Technology.
b. AR 27-10, Military Justice.
c. AR 190-47, The Army Corrections System.
d. FM 2-22.2, Counterintelligence.
e. FM 2-22.3, Human Intelligence Collector Operations.
f. FM 3-63, Detainee Operations.
g. Army Technical Publication 4-02.46, Army Health Support to Detainee Operations.
7. United States Air Force Publications
a. AFI 31-117, Arming and Use of Force by Air Force Personnel.
b. AMC Detainee Movement Standard Operating Procedures.
8. United States Navy Publications
a. Secretary of the Navy Instruction 1640.9C Department of the Navy Corrections
Manual.
b. Navy Warfare Publication 3-07.4M, Maritime Counter Drug and Alien Migrant
Interdiction Operations.
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JP 3-63
References
c. Office of the Chief of Naval Operations Instruction 1640.9A, Guide for the
Operation and Administration of Detention Facilities.
9. Other Publications
a. United States European Command Directive 45-1, Law of War Program.
b. Allied JP 2.5, Captured Persons, Materiel, and Documents.
c. STP 21-24-SMCT, Soldiers Manual of Common Tasks.
d. Bagram Standard Operating Procedures.
e. Guantanamo Bay Standard Operating Procedures.
f. Guantanamo Bay Medical Standard Operating Procedures.
g. Guantanamo Bay Tiger Team Standard Operating Procedures.
D-3
Appendix D
Intentionally Blank
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JP 3-63
APPENDIX E
ADMINISTRATIVE INSTRUCTIONS
1. User Comments
Users in the field are highly encouraged to submit comments on this publication to: Joint
Staff J-7, Deputy Director, Joint Education and Doctrine, ATTN: Joint Doctrine Analysis
Division, 116 Lake View Parkway, Suffolk, VA 23435-2697. These comments should
address content (accuracy, usefulness, consistency, and organization), writing, and
appearance.
2. Authorship
The lead agent for this publication is the US Army. The Joint Staff doctrine sponsor for
this publication is the Director for Operations (J-3).
3. Supersession
This publication supersedes JP 3-63, Detainee Operations, 20 May 2008.
4. Change Recommendations
a. Recommendations for urgent changes to this publication should be submitted:
TO:
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Appendix E
6. Distribution of Electronic Publications
a. Joint Staff J-7 will not print copies of JPs for distribution. Electronic versions are
available on JDEIS Joint Electronic Library Plus (JEL+) at https://jdeis.js.mil/jdeis/index/jsp
(NIPRNET) and http://jdeis.js.smil.mil/jdeis/index.jsp (SIPRNET), and on the JEL at
http://www.dtic.mil/doctrine (NIPRNET).
b. Only approved JPs are releasable outside the combatant commands, Services, and
Joint Staff. Release of any classified JP to foreign governments or foreign nationals must be
requested through the local embassy (Defense Attach Office) to DIA, Defense Foreign
Liaison PO-FL, Room 1E811, 7400 Pentagon, Washington, DC 20301-7400.
c. JEL CD-ROM. Upon request of a joint doctrine development community member,
the Joint Staff J-7 will produce and deliver one CD-ROM with current JPs. This JEL CDROM will be updated not less than semi-annually and when received can be locally
reproduced for use within the combatant commands, Services, and combat support agencies.
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JP 3-63
GLOSSARY
PART IABBREVIATIONS AND ACRONYMS
AFI
AFME
AR
BSC
C2
CAT
CCDR
CDO
CI
CJCSI
DCP
DD
DFC
DHA
DHE-M
DOD
DODD
DODI
DRS
EPW
FM
GC
GPW
GWS
HUMINT
human intelligence
IAW
ICRC
IO
IRC
ISN
in accordance with
International Committee of the Red Cross
information operations
information-related capability
internment serial number
GL-1
Glossary
J-2X
JFC
JFS
JIDC
JOA
JP
MCO
MI
MISO
MP
NDRC
NGO
OPNAVINST
OSD
RP
retained personnel
SecDef
SOP
Secretary of Defense
standard operating procedure
TDF
TDRC
USG
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JP 3-63
GL-3
Glossary
segregation. In detainee operations, the removal of a detainee from other detainees and their
environment for legitimate purposes unrelated to interrogation, such as when necessary
for the movement, health, safety, and/or security of the detainee, the detention facility,
or its personnel. (JP 1-02. SOURCE: JP 3-63)
tactical questioning. The field-expedient initial questioning for information of immediate
tactical value of a captured or detained person at or near the point of capture and before
the individual is placed in a detention facility. Also called TQ. (Approved for
incorporation into JP 1-02.)
theater detainee reporting center. The field operating agency of the National Detainee
Reporting Center responsible for maintaining information on all detainees and their
personal property within a theater of operations or assigned area of operations. Also
called TDRC. (Approved for incorporation into JP 1-02.)
GL-4
JP 3-63
JP 1-0
JP 2-0
JP 3-0
JP 4-0
JP 5-0
JP 6-0
PERSONNEL
INTELLIGENCE
OPERATIONS
LOGISTICS
PLANS
COMMUNICATIONS
SYSTEM
STEP #1 - Initiation
STEP #4 - Maintenance
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Initiation
ENHANCED
JOINT
WARFIGHTING
CAPABILITY
JOINT
DOCTRINE
PUBLICATION
Development
Approval
STEP #3 - Approval
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