Nuclear Weapons

DoD on Detainee Operations

02.13.08 | 2 min read | Text by Steven Aftergood

The Department of Defense has released the final version of its controversial doctrine on “detainee operations” (pdf) which defines the class of unlawful enemy combatants and prescribes their treatment.

“US forces must be prepared to properly control, maintain, protect, and account for all categories of detainees in accordance with applicable domestic law, international law, and policy,” the new publication explains.

Among the categories of detainees are those designated as “unlawful enemy combatants” who, the DoD states, do not enjoy the ordinary protections of lawful combatants.

“Unlawful ECs are persons not entitled to combatant immunity, who engage in acts against the United States or its coalition partners in violation of the laws and customs of war during an armed conflict or who support such acts. For purposes of the war on terrorism, the term unlawful EC is defined to include, but is not limited to, an individual who is or was part of or supporting Taliban or al Qaeda forces or associated forces that are engaged in hostilities against the United States or its coalition partners.”

At the same time, however, even unlawful enemy combatants must be treated humanely, the document says, and to do otherwise is a war crime.

“Common Article 3 to the Geneva Conventions of 1949, as construed and applied by US law, establishes minimum standards for the humane treatment of all persons detained by the United States and coalition and allied forces. It is a war crime to undercut or violate these standards. Common Article 3 prohibits at any time and in any place: ‘violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; taking of hostages; outrages upon personal dignity, in particular humiliating and degrading treatment; the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples’.”

See “Detainee Operations,” Joint Publication JP 3-63, February 6, 2008.

publications
See all publications
Nuclear Weapons
Report
Nuclear Notebook: Russian Nuclear Weapons, 2023

The FAS Nuclear Notebook is one of the most widely sourced reference materials worldwide for reliable information about the status of nuclear weapons, and has been published in the Bulletin of the Atomic Scientists since 1987.. The Nuclear Notebook is researched and written by the staff of the Federation of American Scientists’ Nuclear Information Project: Director Hans […]

05.08.23 | 1 min read
read more
Nuclear Weapons
Blog
Video Indicates that Lida Air Base Might Get Russian “Nuclear Sharing” Mission in Belarus

On 14 April 2023, the Belarusian Ministry of Defence released a short video of a Su-25 pilot explaining his new role in delivering “special [nuclear] munitions” following his training in Russia. The features seen in the video, as well as several other open-source clues, suggest that Lida Air Base––located only 40 kilometers from the Lithuanian border and the […]

04.19.23 | 7 min read
read more
Nuclear Weapons
Blog
Was There a U.S. Nuclear Weapons Accident At a Dutch Air Base? [no, it was training, see update below]

A photo in a Los Alamos National Laboratory (LANL) student briefing from 2022 shows four people inspecting what appears to be a damaged B61 nuclear bomb.

04.03.23 | 7 min read
read more
Nuclear Weapons
Blog
STRATCOM Says China Has More ICBM Launchers Than The United States – We Have Questions

In early-February 2023, the Wall Street Journal reported that U.S. Strategic Command (STRATCOM) had informed Congress that China now has more launchers for Intercontinental Ballistic Missiles (ICBMs) than the United States. The report is the latest in a serious of revelations over the past four years about China’s growing nuclear weapons arsenal and the deepening […]

02.10.23 | 6 min read
read more