U.S. Detention Operations

Email:jamditis@gmail.com

Website:http://jamditis.wordpress.com

02 MAY 2013

Joseph S. Amditis

War Powers

• On at least 125 occasions, the POTUS has acted without prior express military authorization from Congress.– These include instances in which the US fought in Korea

in 1950, the Philippine-American War from 1898-1903, Nicaragua in 1927, as well as the NATO bombing campaign of Yugoslavia in 1999.

• The longest US war was fought between 1840 and 1886 (46 years) against the Apache Nation, during which there were never more than 90 days of peace.

US Military Deployments(2000–2009)

US Military Deployments(2010–Present)

• 2010-11 – War in Iraq: Operation New Dawn. Feb. 17, 2010, US SecDef Gates announces change from Operation Iraqi Freedom to Operation New Dawn; coincides w/ reduction of US troops to 50,000.

• 2011 – Libya: Operation Odyssey Dawn. Coalition forces enforcing UNSC Res. 1973 w/ bombings of Libyan Forces.

• 2011 – Global War on Terrorism: UBL killed by US military in Pakistan as part of Operation Neptune Spear.• 2011 –Somalia: Drone strikes against al-Shabab militants begin; Somalia becomes the 6th nation in which

drone strikes have been carried out (others: Afghanistan, Pakistan, Iraq, Yemen, Libya).• 2011 – Uganda: US combat troops sent to advise Ugandan government.• 2012 – Jordan: 150 deployed to Jordan to help contain Syrian Civil War.• 2012 – Turkey: 400 troops. 2 batteries of Patriot missiles sent to prevent missile strikes from Syria.• 2012 – Chad: 50 troops deployed to help evac. US citizens/embassy personnel from Central African

Republic.• 2013 – Mali: US forces assisted the French in Operation Serval w/ air refueling and transport aircraft.• 2013 – Somalia: USAF planes support French in Bulo Hostage Rescue Attempt (no weapons used)

Military & Detention Operations in International Law

• Charter of the United Nations:- Article 2(4): All Members shall refrain in their international

relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

U.N. General Assembly

• Resolution 39/159 §2:– Demands that all States take no actions aimed at military

intervention and occupation, forcible change in or undermining of the socio-political system of States, destabilization or overthrow of their Governments and, in particular, initiate no military action to that end under any pretext whatsoever and cease forthwith any such action already in progress.

Universal Declaration of Human Rights

• Article 9:–No one shall be subjected to arbitrary

arrest, detention, or exile.

Third Geneva Convention of 1949

• Article 5:– Should any doubt rise as to whether persons,

having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.

International Covenant on Civil and Political Rights

• Article 9, Paragraph 4:–Anyone who is deprived of his liberty by

arrest or detention shall be entitled to take proceedings before a court, in order that the court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.

Field Manual March 2004

b. ENEMY COMBATANT (EC). Any person that US or allied forces could properly

detain under laws and customs of war.

c. UNPRIVILEGED ENEMY COMBATANT (UEC). An enemy combatant who is not

entitled to protected status under the laws and customs of war, (e.g., the Geneva

Conventions of 1949) such as a member or agent of al Qaeda, the Taliban, or another

international terrorist organization against which the United States is engaged in an

armed conflict

Marine Detention Ops SOP July 2011

• (4) Authority to detain. Subject to any higher orders, 15th MEU

• Personnel are authorized to detain only the following categories of persons:

• (a) Persons who pose a threat to the safety or security of U.S. Forces.

• (b) Persons entering, or attempting to enter, without proper authority, any 15th MEU controlled area.

• (c) Persons whose detention is necessary to accomplish mission objectives.

• (d) The On-Scene Commander (OSC) has the authority to determine whether one of these criteria has been met.

Special Considerations

• (a) Religious or tribal leaders, women and children under 18 will not be detained without approval from the Commanding Officer, 15th MEU, unless apprehended while committing hostile acts or demonstrating hostile intent against U.S. Forces.

• (b) If mothers with small children are detained, mothers will not be separated from their children.

• (c) Detainees who are wounded or injured will be given appropriate medical treatment before being delivered to the next higher holding facility.

Camp BuccaTheater Internment Facility

• Detention facility maintained by the US military in the vicinity of Umm Qasar, Iraq.

• Originally named Camp Freddy and used by British Forces to hold Iraqi prisoners of war.

• Taken over by the United States in April 2003• Renamed after Ronald Bucca, a soldier with

the 800th MP Brigade and NYC Fire Marshal who died in the September 11, 2001 attacks.

Camp Bucca, Iraq

Camp Bucca Facilities

• After Abu Ghraib scandal, many detainees transferred to Camp Bucca– Becomes largest detention facility in Iraq– Housed in cinderblock units with wooden roofing instead of tents

• Detainees organized conducted their own classes and recreational activities– Given cigarettes, tea, radio and television access as incentive for

good behavior• Bucca gets special hospital for detainees– Army medics specifically trained to accommodate Muslim

traditions and customs

Camp Bucca Statistics

• At height of operations Camp Bucca held ~20,000 detainees– In 2007 population ~13,800

• Different color signify detention status:– Detainees– Convicts/Prisoners of War– Life/Death Sentence

• Detainees housed in communal compounds with religiously-segregated quads– Separate Sunni and Shi’a factions• Takfiri

Camp BuccaSeptember 11, 2008 – June 22, 2009

• The 2-113th Infantry Regiment, 50th Infantry Brigade Combat Team– June 22, 2008: Mobilization training at Fort Bliss,

TX– Preparation for 9-month deployment to Camp

Bucca• Arrived at Camp Bucca on Sept. 11, 2008– Replace/supplement 42nd Military Police Brigade

conducting detention operations

Camp BuccaQuick Reaction Force (QRF)

Upon arrival, Alpha Company 2-113th INF was assigned to the Quick Reaction Force for the entire Theater Internment Facility (TIF).The objective of the QRF is to provide rapid assistance to any coalition forces during both internal and external disturbances. This includes detainee riots (Black Alkatraz), indirect fire (IDF) attacks, small arms fire (SAF), detainee escape attempts (Dartmoor), and any other problems that the guard force encounters.

Training Activities

• Non-Lethal Weapons– OC Spray– Taser– 38mm– FN-303

• Taser Training [3:46]• OC Spray Training [3:03]• Riot Squad/Control Training• Mock TIF “Outlaw”

Quick Reaction ForceVehicles and Equipment

QRF Vehicles and Equipment

“Christine”

QRF Vehicles and EquipmentArmored Security Vehicle (ASV)

QRF Vehicles and EquipmentRapid Entry Vehicle (REV)

QRF Vehicles and EquipmentRiot/Disturbance Gear

Camp BuccaDetainee Compounds

Camp BuccaDetainee Segregation

Forced CellExtractions

Camp Bucca“Waterfront” Housing Units

The Burn Pits

Camp Bucca Significant Events• 1 January 2008 – Rocket attack launched from Umm Qasar, no reported

injuries.• 24 February 2008 – Rocket attack less than a week after a Camp Bucca convoy

was hit by an improvised explosive device (IED), one AAFES employee killed, several others injured (no injuries in IED attack).

• 13 June 2008 – 887th ESFS hit with complex IED/VBIED attack• August 2008 – 6 sailors charged with sealing 8 detainees in a cell and filling

the cell with pepper spray, with the cell ventilation system closed off. Two had charges dismissed, others faced reduction in rank and faced suspended punishment. US officials declined to be more specific concerning punishment.

• 17 September 2009 – Camp Bucca detainee operations ceased, detention areas closed. The SUPERMAX, or hard site, security row known as the “Waterfront” manned by the US Navy is the last to close down, transferring last 180 detainees to either Camp Cropper, near Baghdad Int. Airport, or Camp Taji, north of Baghdad.

Camp BuccaFinal Months

•Compound Breakdown

•Compound 29

•Move out of PODS

•Demobilization

“We will be as vicious with the resistance as we have to be. It is not that we intend to go in and coddle everyone. Our Marines just have to be able to be aggressive and hostile one moment and the next moment be able to play soccer with the kids.”

- General James T. ConwayCommanding General of the 1st Marine DivisionNew York Times Interview, December 11, 2003