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8.2.3 Prohibition Against Biological or Medical Experiments. Medical or biologicalexperiments on detainees are prohibited. 368.2.4 Threats to Commit Inhumane Treatment. Threats to commit the unlawful actsdescribed above (i.e., violence against detainees, or humiliating or degrading treatment, orbiological or medical experiments) are also prohibited. 37 This prohibition may be understood toarise separately (i.e., as a distinct prohibition against certain threats), or it may be understood toresult when such threats themselves constitute a form of torture or other abuse. 388.2.5 Duty to Protect Detainees. Detainees should be protected not only against unlawfulacts by agents of the Detaining Power, but also against unlawful acts from others, including otherdetainees or the civilian population. 398.2.6 No Adverse Distinction. Detainees shall be treated humanely without any adversedistinction founded on race, color, religion or faith, sex, birth or wealth, national or social origin,political or other opinion, or any other similar criteria. 4036 See Chairman’s Commentary to the Copenhagen Process: Principles and Guidelines, 2.1 (“[The principlerequiring humane treatment of detainees] also incorporates the prohibition against torture and other forms of cruel,inhuman or degrading treatment or punishment, the prohibition against corporal and collective punishment andmedical experiments; and includes threats to commit the foregoing acts.”). Compare § 9.5.2.4 (No PhysicalMutilation or Medical, Scientific, or Biological Experiments); § 10.5.1.1 (Measures of Physical Suffering,Extermination, or Other Brutality).37 Consider AP I art. 75(2)(e) (prohibiting with respect to persons who are in the power of a Party to the conflict“[t]hreats to commit any of the foregoing acts,” which include “(a) Violence to the life, health, or physical or mentalwell-being of persons, in particular: (i) Murder; (ii) Torture of all kinds, whether physical or mental; (iii) Corporalpunishment; and (iv) [Mutilation]; (b) Outrages upon personal dignity, in particular humiliating and degradingtreatment, enforced prostitution and any form of indecent assault;”); AP II art. 4(2)(h) (prohibiting with respect topersons who do not take a direct part or who have ceased to take part in hostilities “[t]hreats to commit any of theforegoing acts,” which include (a) violence 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 and (b)outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution andany form of indecent assault).38 See, e.g., 18 U.S.C. § 2340 (defining “torture” to include “severe mental pain or suffering” caused by or resultingfrom “(A) the intentional infliction or threatened infliction of severe physical pain or suffering; (B) theadministration or application, or threatened administration or application, of mind-altering substances or otherprocedures calculated to disrupt profoundly the senses or the personality; (C) the threat of imminent death; or (D)the threat that another person will imminently be subjected to death, severe physical pain or suffering, or theadministration or application of mind-altering substances or other procedures calculated to disrupt profoundly thesenses or personality;”) (emphasis added).39 Compare § 9.5.2 (Protection Against Acts of Violence or Intimidation).40 GWS art. 3 (“Persons taking no active part in the hostilities, including members of armed forces who have laiddown their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in allcircumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex,birth or wealth, or any other similar criteria.”); GWS-SEA art. 3 (same); GPW art. 3 (same); GC art. 3 (same).Consider AP I art. 75(1) (“In so far as they are affected by a situation referred to in Article 1 of this Protocol,persons who are in the power of a Party to the conflict and who do not benefit from more favourable treatment underthe Conventions or under this Protocol shall be treated humanely in all circumstances and shall enjoy, as aminimum, the protection provided by this Article without any adverse distinction based upon race, colour, sex,language, religion or belief, political or other opinion, national or social origin, wealth, birth or other status, or on494