Treatment and Interrogation of Detained Persons

• Author: David E. Graham
• Position: Colonel, JA, US Army (Ret.)
• Pages: 215-220

IX

Treatment and Interrogation

of Detained Persons

David E. Graham*

Media reports of abuse of enemy prisoners of war (EPW) and Security

Detainees in Iraq, as well as other reports questioning certain interroga-

tion techniques employed to gain intelligence from those in the custody of the

United States have raised concerns regarding the adequacy of the guidance dealing

with such matters provided to U.S. Army personnel. This article addresses the cur-

rent U.S. Army regulatory and doctrinal guidance relevant to the treatment and in-

terrogation of EPW and Security Detainees.

Before turning to this subject, however, Iwould like to briefly focus on an event

that occurred at The Judge Advocate General's Legal Center and School (LCS), in

Charlottesville, Virginia. In the summer of 2004, the LCS hosted its annual Non-

commissioned Officer Conference, at which Army paralegals from around the

world gathered to discuss ongoing issues. One ofthe highlights ofthis conference is

always the presentation of an annual award to an outstanding junior paralegal. The

award winner, this year, had the looks of arecruitment poster—early 30s, acollege

graduate, jump qualified. In fact, he was aJump Master. As he accepted his award,

he expressed thanks to his colleagues, of course, and saluted all of the good legal

work that they had accomplished—and then he related this story. While he was in

*Colonel, JA, US Army (Ret.).