JP 3-16, Multinational Operations - Defense Technical Information ...

Planning and Execution Considerations
personnel stationed abroad and of the governments of the host and partner nations and their
respective armed forces. Other important types of international agreements concern security
assistance and HN support agreements. For specific information on HN support agreements
(e.g., acquisition and cross-servicing agreements [ACSAs]) and international agreements
(e.g., defense cooperation agreements), contact the US embassy military senior defense
official or GCC’s legal advisor.
d. Treatment of Detainees. During the conduct of military operations, MNF personnel
must be prepared to detain a wide variety of individuals who fall into different categories
under the law of war. Regardless of the category or status of a detainee, MNFs are required
to properly control, maintain, protect, and account for all detainees IAW applicable domestic
law, international law, and policy. Additionally, US forces should be aware that other
participating nations may categorize detainees differently. For this reason, and because the
excessive use of force or the perceived mistreatment of detainees can also seriously
undermine public confidence in MNF operations, it is imperative that commanders provide
clear guidance for detainee operations in a multinational environment.
For additional information, see JP 3-63, Detainee Operations.
e. The DOD Detainee Program establishes overarching DOD detainee policy. The
directive requires humane treatment of all detainees, however characterized, during all armed
conflicts 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.
For additional information, see DODD 2310.01E, The Department of Defense Detainee
Program.
f. Military Justice
(1) Jurisdiction over US forces suspected of committing a criminal offense will be
decided on a case-by-case basis IAW applicable international agreements with HN civil
authorities. It is US policy to retain jurisdiction in all criminal cases to the fullest extent
possible. Foreign military commanders exercising operational control (OPCON) or tactical
control (TACON) over US forces will not administer discipline.
(2) Jurisdiction over non-US members of the MNTF in such circumstances will
also be decided IAW applicable international agreements with HN civil authorities. Since
national procedures with regard to jurisdiction will determine how each case will be handled,
US commanders should defer such matters to the participating nation’s authorities.
g. Commanders should coordinate with the joint force SJA to assist in resolving
potential legal conflicts that arise during multinational operations, such as jurisdictional
issues related to HN law and military justice, questions regarding compliance with
international law, and issues related to the treatment of detainees. However, this does not
III-9