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The Copenhagen Process Principles and Guidelines are intended to apply to internationalmilitary operations in the context of non-international armed conflicts and peace operations; theyare not intended to address international armed conflicts. 248.2 HUMANE TREATMENT OF DETAINEESDetainees shall in all circumstances be treated humanely and protected against any cruel,inhuman, or degrading treatment. This requirement has been reflected in international law, 25domestic law, 26 national policy, 27 and DoD policies. 28 Violations of the requirement to treatdetainees humanely may be violations of criminal law, although it is not a purpose of this sectionto address liability under criminal law.8.2.1 Protection Against Violence, Torture, and Cruel Treatment. Detainees must beprotected against violence to life and person, in particular murder of all kinds, mutilation, crueltreatment, torture, and any form of corporal punishment. 29restatement of customary international law, the mere inclusion of a practice in The Copenhagen Process Principlesand Guidelines should not be taken as evidence that States regard the practice as required out of a sense of legalobligation.”).24 Copenhagen Process: Principles and Guidelines IX (“The Copenhagen Process Principles and Guidelines areintended to apply to international military operations in the context of non-international armed conflicts and peaceoperations; they are not intended to address international armed conflicts;”).25 GWS art. 3 (requiring that “[p]ersons taking no active part in the hostilities, including members of armed forceswho have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause,shall in all circumstances be treated humanely”); GWS-SEA art. 3 (same); GPW art. 3 (same); GC art. 3 (same).26 42 U.S.C. § 2000dd (“No individual in the custody or under the physical control of the United States Government,regardless of nationality or physical location, shall be subject to cruel, inhuman, or degrading treatment orpunishment.”).27 See, e.g., Executive Order 13491, Ensuring Lawful Interrogations, 74 FEDERAL REGISTER 4893, 4894 (Jan. 22,2009) (“Consistent with the requirements of the Federal torture statute, 18 U.S.C. 2340–2340A, section 1003 of theDetainee Treatment Act of 2005, 42 U.S.C. 2000dd, the Convention Against Torture, Common Article 3, and otherlaws regulating the treatment and interrogation of individuals detained in any armed conflict, such persons shall inall circumstances be treated humanely and shall not be subjected to violence to life and person (including murder ofall kinds, mutilation, cruel treatment, and torture), nor to outrages upon personal dignity (including humiliating anddegrading treatment), whenever such individuals are in the custody or under the effective control of an officer,employee, or other agent of the United States Government or detained within a facility owned, operated, orcontrolled by a department or agency of the United States.”); George W. Bush, Memorandum: Humane Treatmentof Taliban and al Qaeda Detainees 5 (Feb. 7, 2002) (“I hereby reaffirm the order previously issued by theSecretary of Defense to the United States Armed Forces requiring that the detainees be treated humanely and, to theextent appropriate and consistent with military necessity, in a manner consistent with the principles of Geneva.”).28 For example, DOD DIRECTIVE 2310.01E, DoD Detainee Program, 3b (Aug. 19, 2014) (“All detainees will betreated humanely and with respect for their dignity, in accordance with applicable U.S. law and policy and the lawof war. The humane treatment requirements in this section apply during all military operations, howevercharacterized.”); DOD DIRECTIVE 2310.01E, The Department of Defense Detainee Program, 4.1 (Sept. 5, 2006)(“All detainees shall be treated humanely and in accordance with U.S. law, the law of war, and applicable U.S.policy.”); 1997 MULTI-SERVICE DETENTION REGULATION § 1-5.b (“All prisoners will receive humane treatmentwithout regard to race, nationality, religion, political opinion, sex, or other criteria.”).29 See GWS art. 3 (prohibiting with respect to persons taking no active part in the hostilities “violence to life andperson, in particular murder of all kinds, mutilation, cruel treatment and torture”); GWS-SEA art. 3 (same); GPW art.492