A civilian whose status cannot be determined is treated as an OD. All rules, regulations, and privileges applicable to an EPW apply to an OD. When an OD is adjudicated by a military tribunal and determined to be a CI, he is removed from the EPW facility and treated as a CI. This chapter discusses the internment process after a military tribunal adjudicates a civilian and determines that he should be interned. A CI internment facility runs parallel to an EPW internment facility, with some differences. A CI
NOTE: AR 190-8 provides detailed information on the administration of a CI internment facility and the treatment of CIs.
5-1. Do not physically torture or use moral coercion against CIs. This does not prevent the use of minimum force necessary to enforce measures authorized or directed by AR 190-8. Ensure that CIs are treated with respect and protected against
5-2. Treat CIs considerately, without adverse distinction based on race, religion, political opinion, sex, or age. The following are prohibited:
5-3. The CIs can apply for assistance from protecting powers, the ICRC, approved religious organizations, relief societies, and others. Within the limits of military and security considerations, these organizations are allowed access and facilities to assist CIs.
5-4. The internment of protected civilians is authorized and directed if the following requirements are met:
5-5. A protected civilian in the occupied territory is accepted for internment upon receipt of one of the following:
5-6. A CI can request compassionate internment of his dependent children who are without parental care in the occupied territory. This is normally granted after coordination with SJA when both parents or the only surviving parent is interned.
5-7. Establish and administer a safety program for CIs according to pertinent safety directives. (See AR 385-10 for more information.)
5-8. An I/R facility housing CIs is commanded by a commissioned officer of the US armed forces, and he is responsible for the safety and well-being of all housed personnel. He ensures that copies of the Geneva Conventions and facility regulations, orders, and notices relating to the conduct and activities of internees are posted in each facility, in the language of internees housed there. He provides copies to internees who do not have access to posted copies.
5-9. Regulations and other guidance relative to the administration, employment, and compensation of internees are prescribed in detail in AR 190-8 and DFAS-IN 37-1. The commander ensures that all members of his staff and command are familiar with applicable ARs, directives, international laws, and administrative procedures.
5-10. The commander is responsible for administratively processing each internee. When processing is complete, a strength report (DA Form 2674-R) is transmitted to the IRIC, which functions as the field operations agency for the national IRIC located in the TO.
5-11. The following principles apply to CI internment facilities:
5-12. A CI has the right to
NOTE: Commanders are authorized to impose disciplinary punishment according to the Geneva Conventions and AR 190-8.
5-13. Standing orders are used to provide uniform, orderly administration of the I/R facility. The orders to be obeyed by housed personnel are published in their language and posted where they can read and refer to them. Standing orders include rules, procedures, and instructions governing the following activities and other matters as deemed appropriate:
5-14. The commander establishes local records and reports necessary to operate the facility effectively. The reports provide information concerning control, supervision, and disposition of the CI population. The commander determines the type (administrative, operational, logistical, intelligence, and personnel) of reports and the frequency (routine or as required). Normal command records and reports, such as duty officer logs, worksheets, and situation maps, are also required.
5-15. Internees who meet the requirements in the Geneva Conventions and AR 190-8 are entitled to the protected CI status. Process them as follows:
Issue an ISN to each processed CI using the procedures in Chapter 4 for EPWs. Ensure that the letters "CI" follow the last number of the ISN.
Complete DA Form 2663-R in duplicate for each CI and each dependent child. Place one copy in the CI's personnel file, which is transferred with him; and forward the other copy to the IRIC.
Prepare DA Form 2674-R for each facility housing CIs and for each hospital where CIs are assigned. Account for all captives classified as CIs, captives who had a DA Form 4237-R prepared, and dependent children who received compassionate internment.
Issue DA Form 2677-R to each processed CI. Direct him to retain the card at all times.
Complete DA Form 2678-R in duplicate. Forward one copy to the CI information agency and the other copy to a relative.
Prepare DA Form 4237-R for each protected civilian processed in the occupied territory as a CI or a dependent child. Stamp the letters "CI" on the top and bottom of each form.
5-16. Dependent children who are interned with their CI parents are not classified as CIs or processed, except as required on DA Forms 2663-R, 2674-R, and 4237-R. When dependent children reside in the facility with their parents, they are cared for, accounted for, and managed like their parents. House children and parents together in facilities that allow them to lead a normal family life. Children under the age of 12 are identified by wearing an ID badge or wristband. Ensure that children under the age of 15, who are orphaned or separated from their families as a result of the war, are not left to their own resources.
5-17. Assign CIs to appropriate internment facilities, and intern those with violently opposed ideologies in separate facilities. When possible, assign CIs according to their nationality, language, and customs. Do not separate CIs who are nationals of the same country merely because they speak different languages; however, consider political and cultural differences as grounds for separation. Maintain segregation of males and females, with the following exceptions:
5-18. The reasons for identifying CIs are many and varied; among them are
5-19. An ID band (see Chapter 4) permits rapid, reliable ID of CIs. Assign each CI an ISN according to the procedures in Chapter 4 and AR 190-8. Substitute the letters "CI" for "EPW;" for example, US9AB-000001CI. The ID card contains the CI's name, photograph, and ISN. When serious deterioration of an ID band or card occurs, replace it immediately. Use a DA Form 2677-R to facilitate ID.
5-20. Allow CIs to retain their clothing and footwear. Provide clothing, equipment, supplies, subsistence, and fuel as necessary. Issue work clothing and, as required by circumstances and climatic conditions, replacement clothing. Account for health and comfort items, such as razors and toothbrushes, with a direct-exchange program.
5-21. Mark outer garments with the letters "CI." Use black letters, about 4 inches high; if the clothing is a dark color, use white letters. Mark shirts, coats, and similar items across the back and on the front of each sleeve (between the elbow and the shoulder). Mark trousers, walking shorts, and similar items across the back (slightly below the belt) and on the front of each leg (slightly above the knee). Do not mark hats and other accessories. The commander can also direct that a CI's ISN be placed on the inside of his clothing. (See Figure 4-1.)
5-22. Issue food items based on the master CI menu prepared by the TO commander. The CI menu includes a daily food ration that is sufficient in quantity, quality, and variety to maintain good health and to prevent nutritional deficiencies. Consider the customary diet when developing a CI menu. Ensure that
5-23. If CIs receive MREs as the main source of nourishment, provide them with at least one hot meal per day. Supplement MREs with fruit, milk, and bread.
5-24. Use a controlled-flow format to escort CIs through the processing line. Normally, four CIs are processed at a time and the average is eight per hour. Secure unprocessed CIs in a holding area.
5-25. Request interpreters (linguists) from MI, PSYOP, allied forces, or local authorities as necessary. This may require identifying and clearing trusted internees or local nationals to interpret. Interpreters are particularly helpful when entering required data into the IRIS.
5-26. The preparation and dispatch of internee strength reports (DA Form 2674-R) are governed by AR 190-8, and they are prepared at each internment facility. Brigade or facility commanders may require feeder reports from various compounds to facilitate the preparation of internee strength reports.
5-27. Escort internees to the receiving area where the internment process begins. Table 5-1 outlines the internment process for CIs. It shows who is responsible for each step and what actions they must accomplish. Based on METT-TC, the commander may tailor stations to meet the situation. Stations 1 through 4 are in the receiving line, and Stations 5 through 9 are in the processing line.
Table 5-1. Processing Actions at the CI Processing Area
Conduct a same-gender search of CIs before entering the processing area unless prohibited by conditions. NOTE: Upon initial apprehension, a mixed-gender search can be conducted; but it is discouraged due to possible negative repercussions. The same-gender search restrictions are based on the detainee being officially adjudicated and declared a CI.
Remove and examine property, place it in a container or a tray, mark it with a control number, and take it to a temporary storage area. Issue a DA Form 4137 for stored property.
|Allow CIs to shower, shave, and get haircuts.
|Medical officer and MP
|Examine CIs for signs of
illness or injury to discover health problems that may
require medical treatment or evacuation.
Provide medical and dental care according to AR 40-3.
|Issue personal-comfort items (toilet paper, soap, toothbrush, and toothpaste).
|Processing clerk (assisted by an interpreter, MI, or others) and MP
|Verify the internment
order and the authentication, including the signature.
Prepare forms and records to maintain the accountability of CIs, their families, and their property (see STANAG 2033, 2044, and 2084).
|Photography and fingerprinting
|Fingerprint CIs. Identify and record the information on fingerprint cards (DA Form 2663-R).
|Inventory and record
property (in the presence of CIs) brought from temporary
Update DA Form 4137, or provide the CI with a new one.
|Review processed records
for completeness and accuracy.
Allow CIs to prepare DA Form 2678-R. If CIs are unable to write their own cards, have someone authorized by the commander to do it for them.
|Movement to living area
|Brief CIs on facility rules and regulations.
5-28. When CIs arrive at the facility
Secure personal property in a temporary storage area until CIs are fully processed. Issue a DA Form 4137 for temporarily and permanently stored property. Do not allow CIs access to storage areas.
5-29. A medical officer
Records weight on DA Form 2664-R. This process monitors abrupt changes in weight that may affect health.
NOTE: When possible, use qualified CI personnel for the medical and hygiene work necessary for the well-being of CIs.
5-30. After CIs have completed the receiving portion of their processing, move them to the processing area where they are formally processed into the internment facility. They are entered into the IRIS database, and the IRIC forwards the information to the national IRIC for dissemination to protecting powers. The processing element
5-31. Regard the information collected from CIs as sensitive to protect them and the soldiers who are guarding them. If belligerent nations discover how many internees are in a facility or discover the location of a facility, it may be targeted to silence the sources of information. Maintain proper security throughout the information flow, and disseminate information through proper channels. The IRIC acts as a hub for information that CHAs and I/R facilities produce. Report personnel records electronically on the IRIS or, if necessary, as a paper file.
5-32. The information flow begins when the prisoner is captured and a DD Form 2745 is initiated. The ISN, which is assigned upon arrival at a CHA or an I/R facility, is the key to tracking CIs throughout the I/R system.
5-33. A CI was initially processed as an EPW (see Chapter 4), and the information gleaned during that process is used to process him as a CI. Once an individual is adjudicated by a military tribunal as a CI, specific information must be electronically entered on DA Forms 2674-R and 4237-R:
DA Form 2674-R. Enter the following information in Section B:
DA Form 4237-R. Prepare a DA Form 4237-R for each protected civilian processed in an occupied territory as a CI or a dependent child. Enter all available pertinent information and information that the CI is willing to give. Note information that the CI is unable or unwilling to give.
5-34. Information collected during processing (initial and full) and entered into the IRIS (CHA or I/R facility) is sent to the IRIC. The IRIC collects the entire personnel file (it is normally electronic with a hard-copy backup). The I/R facility reports the information to the IRIC, who disseminates it as appropriate. The strength report (DA Form 2674-R) is the only information passed up the I/R facility's chain of command. Information also flows to the ICRC, the state department, and other federal agencies as required. Questions regarding the information or internee flow in the TO are directed to the IRIC.
5-35. Treat all CIs fairly. Ensure that directions are reasonable, capable of being obeyed, and given in an understood language. Promptly report refusals and failures to obey facility rules through the chain of command.
5-36. The MP maintain control of CIs and efficiently administer internment facilities. This includes reducing waste and avoiding duplication of effort. Facility personnel quickly and fairly establish and maintain discipline. For example, they
5-37. Guards take positive action to establish daily and periodic routines and responses that are conducive to good discipline and control. They
Post copies of the Geneva and UN Conventions in a language that CIs understand and ensure that copies are easily accessed. The internee committee provides copies to CIs who do not have access to posted copies.
Post rules, regulations, instructions, notices, orders, and announcements that CIs are expected to obey. They ensure that the information is easily accessed and is in a language that CIs understand. The internee committee provides copies to CIs who do not have access to posted copies.
NOTE: Per AR 190-8, single CI females are directly supervised or guarded by female personnel. A parent with children, if single or interned without a spouse, is provided quarters that are separate from those for single persons.
5-38. The CIs can be searched for security purposes, but only same-gender searches are allowed. A strip search can be conducted to recover contraband and to report injuries and signs of drug use.
5-39. To protect CIs from violence, bodily injury, and threats of reprisal at the hand of fellow internees, post a notice of protection ( Figure 5-1 ) in every compound. Ensure that the notice is posted in a language that internees understand.
An internee (regardless of faith or political belief) who fears that his life is in danger or that he may suffer physical injury at the hands of another internee, should immediately report the fact to a US Army officer of this facility without consulting the internee committee. The facility commander provides adequate protection to the internee (such as segregation or transfer). An internee who mistreats a fellow internee will be punished.
Figure 5-1. Sample Notice of Protection
5-40. Maintain and enforce discipline and security, and deal with offensive acts promptly. Maintain a record of disciplinary actions, which may be inspected by protecting powers. The internee committee does not have disciplinary power over and cannot administer punishment to fellow internees. The following actions are not permitted between CIs and US military or civilian personnel:
5-41. The facility commander is authorized to order disciplinary punishment for a CI under the provisions of AR 190-8 and the Geneva Conventions. Before imposing disciplinary punishment, provide an interpreter if necessary and
5-42. The following disciplinary actions are authorized:
Discontinuance of privileges that are beyond those granted by AR 190-8 and the Geneva Conventions.
5-43. The duration of a single disciplinary punishment will not exceed 30 consecutive dayseven if the CI is answerable for several breaches of discipline (related or not) at the time punishment is imposed. The period lapsing between pronouncing the disciplinary punishment and completing its execution will not exceed 30 days. After a disciplinary action has been executed, another disciplinary action cannot be imposed on the same CI until 3 days has lapsed between the execution of any two punishments, if the duration of one of the two punishments is 10 days or more.
5-44. A CI accused of an offense for which disciplinary punishment is contemplated will not be confined unless it is essential to facility order and discipline. If a CI does spend time in confinement awaiting a hearing, it will not exceed 14 days and it will be deducted from his sentence.
5-45. A CI who is subject to confinement serves the time in a facility stockade. Females and males are confined in separate quarters, and females are supervised by females. While undergoing confinement for pretrial, for posttrial, or in connection with disciplinary or judicial proceedings, a CI is
5-46. One of the best ways to ensure cooperation within a facility is to establish a form of self-government. This minimizes the impression that CIs are prisoners under the control of a foreign government and allows them to feel a sense of control over their lives. The internee committee represents the local CI population to the detaining power, protecting powers, the ICRC, and other authorized relief and aid organizations. The committee's communications with these organizations are unlimited.
5-47. The internee committee has two or three elected members, and each member can have an assistant who acts as an interpreter. The facility commander approves each elected member and assistant. Members are elected by secret ballot every 6 months, and they can be elected to more than one term. When the commander disapproves an election, it is submitted in writing and states the reason for disapproval. He forwards the disapproval through channels to the IRIC, who forwards it to the national IRIC and protecting powers.
5-48. Duties of a internee committee include
5-49. The correspondence system for CIs parallels that for EPWs (Chapter 4). The exceptions are that DA Form 2679-R is used for letters and DA Form 2680-R is used for postcards.
5-50. A CI can make a complaint or a request to the facility commander, who tries to resolve the issue. If the CI is not satisfied with the resolution, he may address it to HQDA. A CI can make a complaint by mail, in person to a visiting representative of protecting powers, or through the internee committee.
5-51. Provide personnel, material, and facilities for routine and emergency medical treatment. Ideally, transfer patients requiring inpatient care to a civilian hospital. If a civilian hospital is unavailable or if its use is infeasible due to security considerations, transfer patients to a US military hospital. Ensure that the treatment they receive is as good as that provided for the general population, and provide guards as necessary.
5-52. Proper sanitation and cleanliness of a facility prevents the spread of disease among the CI population and the US forces guarding them. The facility commander
Hygiene and sanitation measures conform to AR 40-5 and related regulations.
5-53. The CIs may be transferred, subject to the following conditions:
5-54. The facility commander
5-55. The transfer of personal effects and property parallels that of EPWs (Chapter 4), except
5-56. A CI can be released to a representative of his country of residence or a designated protecting power if control and accountability are maintained. He can be released after hostilities cease (subject to pending judicial proceedings) if the reasons for his internment no longer exist as determined by the TO commander. A CI who is eligible for release but has judicial proceedings pending for offenses not exclusively subject to disciplinary punishment is detained until the close of proceedings. The TO commander may decide that a CI must serve his penalty before being released, and a CI already serving a penalty may be similarly detained. Rosters of detained CIs are forwarded to the IRIC and the national IRIC for transmittal to protecting powers.
5-57. The commander coordinates social programs. He provides premises and facilities for these activities and procures needed materials and supplies through normal supply channels. The CIs are encouraged to participate, but they are not required to do so.
5-58. Carefully selected and qualified civilian nationals and CIs (supervised by US military personnel) can be used to guide social activities. The selected individuals will not introduce political overtones or further enemy propaganda objectives while conducting these activities.
5-59. Encourage and support an active, intellectual education program for CIs. Coordinate adequate facilities and instruction material through local agencies. Consider the following when developing an education program:
5-60. Allow CIs the freedom of worship, including attendance at services of their faith held within the internment facility. Permit chaplains and other clergy to minister freely to those who request their help. The facility commander may permit ordained clergy or theological students to conduct services.
5-61. Permit close relatives and other persons authorized by the TO commander to visit CIs according to TO regulations. All visitors are subject to security precautions. Under emergency conditions and subject to the TO commander's policy, a CI may visit a close relative who is seriously or terminally ill and may attend the funeral of a close relative.
5-62. Allow accredited representatives of protecting powers and the ICRC full access to the internment facility and the internees. Per DA policies and procedures, permit visits of approved religious organizations, relief societies, NGOs, IOs IHOs, and other organizations who assist housed personnel. Organizations who want access to internees should coordinate visits in advance to avoid confusion upon arrival at the facility. The facility staff establishes an access roster of representatives and develops a method to verify their identity.
5-63. Encourage and support active participation in recreation activities to promote general health and welfare and to alleviate tension and boredom. In addition, provide athletic contests and group entertainment (concerts, plays, music, and motion pictures). Provide playgrounds for dependent children of CIs.
5-64. When practical, CIs should raise vegetables to supplement their diet. Do not overlook the importance of developing an agriculture program. Gardening projects are particularly desirable because they provide gainful employment for large numbers of individuals. The food produced is used for the benefit of the CI population, and it provides a valuable supplement to diets at minimal expense.
5-65. Procure the types and quantities of agriculture supplies required (seeds, fertilizers, and implements) through local purchase. Ensure that the supplies are procured in a timely manner.
5-66. The TO commander may issue instructions governing the employment and compensation of CIs for labor. The CIs can be employed to construct, administer, manage, and maintain the facility; and they are compensated according to DFAS-IN 37-1. The CIs are required to work if the labor is consistent with their age and physical condition. Their fitness for work is determined in the same manner as EPWs (Chapter 4). The CIs cannot be compelled to work if they are under the age of 18. They can be compelled to perform the following types of work and may volunteer to perform other types of work:
5-67. The facility commander is responsible for security measures that effectively control CIs with minimal use of force. The physical construction of the facility and the presence of guard personnel (Chapter 2) constitute the most obvious means of providing security. Maintaining a high state of discipline, a system of routines, and required standards of behavior enhance effective security and control.
5-68. Most CIs actively cooperate with US internment facility authorities or assume a passive, compliant role. Cooperative CIs are composed, in part, of individuals with ideologies favorable to the US. Others, through resignation or apathy, will simply adapt themselves to the conditions of their internment.
5-69. Some CIs will engage in a campaign of embarrassing and harassing US personnel to create propaganda of value to their cause that would have negative ramifications on the US. The leaders of the uncooperative faction may try to establish a united effort and blind obedience by all its members. Any relaxation of security is immediately detected and fully exploited.
5-70. Dissident actions by CIs vary from acts of harassment to acts of violence. Such actions may include
5-71. Paramilitary forces may
5-72. Ensure that security planning is continuous and complete and that it reflects current intelligence information on CIs. Implement an immediate-response plan that is capable of meeting all internal and external threats to security. Security planning for a CI compound is similar to that for an EPW compound (Chapter 4). (See Chapter 2 for more information on security planning.)
5-73. The CINC establishes the ROE in coordination with the SJA and the joint staff. Special ROE can be developed for use in I/R facilities, but they must have CINC approval.
5-74. The MWDs enhance the security and safety of an I/R facility. They can be used for patrolling and detecting explosives and narcotics. (See Chapter 2 and AR 190-12 for more information.)
5-75. Disturbances within the compound may range from riots to less violent disorders, and they can be organized or unorganized. (See Chapter 3 and Appendix B for more information.)
5-76. When military considerations permit, mark CI facilities with the letters "CI." Place the letters so that they are clearly visible in the daytime from the air.