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8.2.2 Protection Against Humiliating or Degrading Treatment. Detainees must beprotected against outrages upon personal dignity, in particular, humiliating and degradingtreatment. 308.2.2.1 Protection Against Rape, Enforced Prostitution, and Other IndecentAssault. Detainees must be protected against rape, forced prostitution, and other indecentassault. 31 Indecent assault is generally referred to today as sexual assault. 328.2.2.2 Protection Against Public Curiosity. Detainees must be protected againstinsults and public curiosity. 33 For example, displaying detainees publicly with the purpose ofexposing them to ridicule and humiliation is prohibited. 348.2.2.3 DoD Practice of Generally Prohibiting Taking Photographs WithoutAuthorization. In order to protect detainees against public curiosity, among other reasons, DoDpolicy has generally prohibited the taking of photographs of detainees except for authorizedpurposes. 353 (same); GC art. 3 (same). Consider AP I art. 75(2)(a) (prohibiting with respect to persons who are in the power ofa Party to the conflict “[v]iolence to the life, health, or physical or mental well-being of persons, in particular: (i)Murder; (ii) Torture of all kinds, whether physical or mental; (iii) Corporal punishment; and (iv) [Mutilation];”)(brackets in original); AP II art. 4(2) (prohibiting with respect to persons who do not take a direct part or who haveceased to take part in hostilities “[v]iolence to the life, health and physical or mental well-being of persons, inparticular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment;”).30 See GWS art. 3 (prohibiting with respect to persons taking no active part in the hostilities “outrages upon personaldignity, in particular, humiliating and degrading treatment;”); GWS-SEA art. 3 (same); GPW art. 3 (same); GC art. 3(same).31 Consider AP I art. 75(2)(b) (prohibiting with respect to persons who are in the power of a Party to the conflict“[o]utrages upon personal dignity, in particular humiliating and degrading treatment, enforced prostitution and anyform of indecent assault”); AP II art. 4(2)(e) (prohibiting “[o]utrages upon personal dignity, in particular humiliatingand degrading treatment, rape, enforced prostitution and any form of indecent assault;”). Compare § 9.5.1 (Respectfor Their Persons and Honor); § 10.5.1.2 (Protection for Women Against Rape or Other Indecent Assault).32 BLACK’S LAW DICTIONARY (9th ed., 2009) (“indecent assault. See sexual assault (2) under assault.”).33 DOD DIRECTIVE 2310.01E, DoD Detainee Program, 3b(2) (Aug. 19, 2014) (“All detainees will be respected ashuman beings … . They will be protected against … public curiosity, … .”); DOD DIRECTIVE 2310.01E, TheDepartment of Defense Detainee Program, E4.1.1.3 (Sept. 5, 2006) (“All detainees will be respected as humanbeings. They will be protected against … public curiosity … .”); Chairman’s Commentary to the CopenhagenProcess: Principles and Guidelines, 2.3 (“Furthermore, humane treatment implies that detainees will be protectedfrom insults and public curiosity.”).34 Compare § 9.5.3 (Protection Against Insults and Public Curiosity).35 For example, 1997 MULTI-SERVICE DETENTION REGULATION § 1-5.d (“Photographing, filming, and video tapingof individual EPW, CI and RP for other than internal Internment Facility administration orintelligence/counterintelligence purposes is strictly prohibited. No group, wide area or aerial photographs of EPW,CI and RP or facilities will be taken unless approved by the senior Military Police officer in the Internment Facilitycommander’s chain of command.”).493

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