10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

8.10.3 Communication With Family. DoD practice has been, where practicable, to grantdetainees the means to communicate with family members (e.g., exchange of letters, phone calls,and video teleconferences with family, family visits). 798.10.4 ICRC Access to Detainees. An impartial humanitarian body, such as the ICRC,may offer its services to the parties to the conflict. 80All departments and agencies of the Federal Government shall provide the InternationalCommittee of the Red Cross with notification of, and timely access to, any individual detained inany armed conflict in the custody or under the effective control of an officer, employee, or otheragent of the U.S. Government or detained within a facility owned, operated, or controlled by adepartment or agency of the U.S. Government, consistent with Department of Defenseregulations and policies. 818.11 RELIGIOUS EXERCISEDetainees shall be granted free exercise of religion, consistent with the requirements ofdetention. 82 Detainees’ religious practices shall be respected. 83 They shall be allowed to78 Consider AP II art. 5(2)(b) (“They shall be allowed to send and receive letters and cards, the number of whichmay be limited by competent authority if it deems necessary;”). Compare § 9.20.2 (POW Correspondence Rightsand Quota); § 10.23.2 (Internees’ Correspondence Rights and Quota).79 For example, DOD DIRECTIVE 2310.01E, DoD Detainee Program, 3b(1) (Aug. 19, 2014) (“Humane treatmentincludes: … (b) … appropriate contacts with the outside world (including, where practicable, exchange of letters,phone calls, and video teleconferences with immediate family or next of kin, as well as family visits).”). Compare§ 9.20.2.3 (More Rapid Means of Correspondence in Appropriate Cases); § 10.23.2.3 (More Rapid Means ofCorrespondence in Appropriate Cases).80 GWS art. 3 (“An impartial humanitarian body, such as the International Committee of the Red Cross, may offerits services to the Parties to the conflict”); GWS-SEA art. 3 (same); GPW art. 3 (same); GC art. 3 (same).81 Executive Order 13491, Ensuring Lawful Interrogations, §4(b), 74 FEDERAL REGISTER 4893, 4894 (Jan. 22, 2009)(“All departments and agencies of the Federal Government shall provide the International Committee of the RedCross with notification of, and timely access to, any individual detained in any armed conflict in the custody orunder the effective control of an officer, employee, or other agent of the United States Government or detainedwithin a facility owned, operated, or controlled by a department or agency of the United States Government,consistent with Department of Defense regulations and policies.”).82 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. (1) Humane treatment includes: … (e) Free exercise of religion, consistent with the requirements ofdetention.”); DOD DIRECTIVE 2310.01E, The Department of Defense Detainee Program, E4.1.1 (Sept. 5, 2006)(“All persons captured, detained, interned, or otherwise in the control of DoD personnel during the course ofmilitary operations will be given humane care and treatment from the moment they fall into the hands of DoDpersonnel until release, transfer out of DoD control, or repatriation, including: … E4.1.1.2. Free exercise of religion,consistent with the requirements of detention;”). Compare § 9.15 (Religious Exercise by POWs); § 10.15 (ReligiousExercise by Internees).83 Consider AP I art. 75(1) (“Each Party shall respect the person, honour, convictions and religious practices of allsuch persons.”).501

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!