DETENTION OPERATIONS IN A COUNTERINSURGENCY
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1 DETENTION OPERATIONS IN A COUNTERINSURGENCY MAJ Mike Kuhn US Army & USMC COIN Center 1
2 Report Documentation Page Form Approved OMB No Public reporting burden for the collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Washington Headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington VA Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to a penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. 1. REPORT DATE REPORT TYPE 3. DATES COVERED to TITLE AND SUBTITLE Detention Operations in a Counterinsurgency 5a. CONTRACT NUMBER 5b. GRANT NUMBER 5c. PROGRAM ELEMENT NUMBER 6. AUTHOR(S) 5d. PROJECT NUMBER 5e. TASK NUMBER 5f. WORK UNIT NUMBER 7. PERFORMING ORGANIZATION NAME(S) AND ADDRESS(ES) U.S. Army Combined Arms Center,Fort Leavenworth,KS, PERFORMING ORGANIZATION REPORT NUMBER 9. SPONSORING/MONITORING AGENCY NAME(S) AND ADDRESS(ES) 10. SPONSOR/MONITOR S ACRONYM(S) 12. DISTRIBUTION/AVAILABILITY STATEMENT Approved for public release; distribution unlimited 13. SUPPLEMENTARY NOTES 14. ABSTRACT 11. SPONSOR/MONITOR S REPORT NUMBER(S) 15. SUBJECT TERMS 16. SECURITY CLASSIFICATION OF: 17. LIMITATION OF ABSTRACT a. REPORT unclassified b. ABSTRACT unclassified c. THIS PAGE unclassified Same as Report (SAR) 18. NUMBER OF PAGES 17 19a. NAME OF RESPONSIBLE PERSON Standard Form 298 (Rev. 8-98) Prescribed by ANSI Std Z39-18
3 Why talk about Detention Operations in COIN? 2
4 The mistreatment by soldiers at Abu Ghraib in the fall of 2003 was documented in photographs and videos showing naked detainees being frightened, beaten and forced into humiliating sexual positions. President Bush ultimately apologized for the abuses, which military leaders acknowledge helped fuel the insurgency in Iraq. U.S. Prisons in Iraq Nearly Full With Rise in Insurgent Arrests, Washington Post, 21 JAN 05 3
5 CARE AND CUSTODY WITH DIGNITY AND RESPECT What sets us apart from our enemies in this fight... is how we behave. In everything we do, we must observe the standards and values that dictate that we treat noncombatants and detainees with dignity and respect. While we are warriors, we are also all human beings." GEN Petraeus 10 MAY 2007 Memo to MNF-I 4
6 Topics Definitions COIN Concepts in Detention Operations Tactical Site Exploitation Operations By, With, and Through HN SF Questions & Feedback 5
7 EPW Clearly identified as a member of the opposing forces e.g., wearing a uniform or possessing other specific identification as the OPFOR Enemy Combatant Definitions Used to define the status of what the US considers to be unlawful combatants e.g.al Qa eida Security Detainee: Identified as a security threat to US or other partner nation forces, ie; killing or attempting to assault or kill coalition forces, etc Criminal Detainee: Identified as committing a crime against the host nation people/government. 6
8 How does Det Ops fit into COIN? SUPPORT RULE OF LAW KILL OR CAPTURE TO PROVIDE SECURITY Active Gov t Supporters Gov t Sympathisers Uncommitted or neutral Sympathetic to insurgents Active Supports of insurgents Insurgent Fighters Consolidate and Strengthen Protect Persuade Dissuade Deter Marginalize or Defeat 7
9 RAND Study done for TF 134 MAY
10 Detention Operations LOOs INSURGENT PASSIVE GOV T SUPPORT INFORMATION OPS Security Care and Custody Visitation (Family) Reconciliation Efforts Isolation of Extremists Quality of Life (Facilities) INSURGENT PASSIVE GOV T SUPPORT 9
11 COIN vis a vis Detention Operations Soldiers performing COIN must understand that the activities that occur within the realm of detention do not always remain within the confines of the restricted area but can have a profound effect on public support and the overall theater-wide COIN effort. FM
12 Det Ops Overarching Themes Detain with Purpose House with Respect Release with Dignity RAND Study done for TF 134 MAY 2008 June
13 How Detention Operations supports Warfighters Outside the Wire in COIN Care and Custody Intelligence Exploitation Case Review Insurgents must be isolated from their cause and support Intelligence drives operations Legitimacy is the main objective Security under the rule of law is essential Reintegration Reconciliation Insurgents must be isolated from their cause and support 12
14 Det Ops at the Tactical Level By, With, and Through Operations conducted as combined patrols based on actionable intelligence and focused on gathering evidence that can be used to prosecute Detainees taken into custody by Host Nation Security Forces in accordance with their laws Units may also be responsible for inspection of local Host Nation jails purpose is to assure fundamental human rights norms are not violated, but most importantly to help prop up the legitimacy of the local Security Forces and promote Rule of Law 13
15 Tactical Site Exploitation Why are my Steely Eyed Killers playing CSI???! Treating your OBJ as a Crime Scene If your Soldiers think that they re done once they ve captured the Target and do not pay attention to evidence Critical intelligence may be lost Detainee may have to be released because there is no evidence to prosecute them in HN Legal System Leaders/Soldiers must understand HN Laws and what constitutes evidence Convictions are critical. Without a conviction in HN court the bad guy might be coming back to your AO a lot sooner than you d like Talk to your SJA for clarification If there are Military Police or civilian Law Enforcement Professionals (LEPs) assigned to your unit, USE THEM! 14
16 COIN in DetOps in action One detainee leader said he originally came to Iraq to kill Americans, but his treatment in the camp had changed his view He was sincere and there were occasions when he was helpful in calming detainees during disturbances, a true measurement of effective COIN. LTC John F. Hussey, Counterinsurgency Operations within the Wire: The 306th MP Battalion Experience at Abu Ghraib 15
17 What is the End State We re Working Towards? Supporting / building Host Nation Capacity to conduct Rule of Law based detention that conforms with international norms and standards on Human Rights Helping the HN towards a Corrections model If the populace sees the HN Security Forces (particularly their Police) as a dispassionate force that is part of a functional overall Justice System this enforces the legitimacy of the HN government 17
18 QUESTIONS & FURTHER DISCUSSION 18
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