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personnel and fill an important role in implementing the requirements of Common Article 3 ofthe 1949 Geneva Conventions and applicable customary international law. 1 Practitioners areadvised to consult all applicable policies and regulations, as these, in many cases, exceed therequirements of international law, U.S. statutes, and Executive Orders.The practice of the U.S. armed forces has been to go beyond a minimalist approach ofcomplying with the baseline rules of Common Article 3 of the 1949 Geneva Conventions andinstead to endeavor to enhance conditions so as to ensure that treatment of detainees exceeds therequirements of humane treatment standards under international law, consistent with securityconcerns. 28.1.3 Ad Hoc Legal Instruments or Frameworks That May Be Applicable to DetentionOutside the Context of POW or Civilian Internment. The detention of persons under the law ofwar, outside the context of the regimes specified in Chapters IX (POWs under the GPW) and X(protected persons under the GC who are interned in a belligerent’s home territory or occupiedterritory) may be addressed in ad hoc legal instruments or frameworks.Such legal instruments may include, for example, an international agreement between theState conducting detention operations and the State on whose territory the operations are beingconducted. 3 As another example, a U.N. Security Council Resolution may provide a basis fordetention operations. 41 Refer to § 18.7 (Instructions, Regulations, and Procedures to Implement and Enforce the Law of War).2 For example, Admiral Patrick Walsh, et al., Department of Defense, Review of Department Compliance withPresident’s Executive Order on Detainee Conditions of Confinement, 4 (2009) (“While we conclude that conditionsat Guantánamo are in conformity with Common Article 3, from our review, it was apparent that the chain ofcommand responsible for the detention mission at Guantánamo consistently seeks to go beyond a minimalistapproach to compliance with Common Article 3, and endeavors to enhance conditions in a manner as humane aspossible consistent with security concerns.”).3 For example, Agreement Between the United States and the Republic of Iraq on the Withdrawal of United StatesForces from Iraq and the Organization of their Activities during their Temporary Presence in Iraq, Nov. 17, 2008,art. 22(1) (“No detention or arrest may be carried out by the United States Forces (except with respect to detentionor arrest of members of the United States Forces and of the civilian component) except through an Iraqi decisionissued in accordance with Iraqi law and pursuant to Article 4.”).4 For example, U.N. SECURITY COUNCIL RESOLUTION 1546 (2004), U.N. Doc. S/RES/1546(2004), 10 (Jun. 8,2004) (“Decides that the multinational force shall have the authority to take all necessary measures to contribute tothe maintenance of security and stability in Iraq in accordance with the letters annexed to this resolution expressing,inter alia, the Iraqi request for the continued presence of the multinational force and setting out its tasks, includingby preventing and deterring terrorism, so that, inter alia, the United Nations can fulfil its role in assisting the Iraqipeople as outlined in paragraph seven above and the Iraqi people can implement freely and without intimidation thetimetable and programme for the political process and benefit from reconstruction and rehabilitation activities;”).See also Colin L. Powell, Secretary of State, Letter to the Lauro L. Baja, Jr., President of the Security Council, Jun.5, 2004, annexed to U.N. SECURITY COUNCIL RESOLUTION 1546 (2004), U.N. Doc. S/RES/1546(2004), 10, 11 (Jun.8, 2004) (“Under the agreed arrangement, the MNF stands ready to continue to undertake a broad range of tasks tocontribute to the maintenance of security and to ensure force protection. These include activities necessary tocounter ongoing security threats posed by forces seeking to influence Iraq’s political future through violence. Thiswill include combat operations against members of these groups, internment where this is necessary for imperativereasons of security, and the continued search for and securing of weapons that threaten Iraq’s security.”).487