Common Article 3 and its application to detention and interrogation

The Department of Defense (DOD) and the Army are committed to applying the domestic and international law standards outlined in the Detainee Treatment Act (DTA),4 the War Crimes Act (WCA),5 and the Military Commissions Act (MCA),6 including provisions of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment7 and CA3 to the Geneva Conventions in DOD Detention and Interrogation Operations. Department of Defense Directive 2310.01E, "The DOD Detainee Program" adopts the provisions of Common Article 3, preventing assaults, hostage taking, outrages upon personal dignity (including humiliating and degrading treatment of all kinds), and sleep deprivation.15 Further, para's. 2.2, 4.1 and 4.2 provide that during all armed conflict, however characterized, DOD policy is to apply CA3, without regard to the detainee's legal status.