	International Law Protecting Prisoners

The international law of armed conflict, in particular, those parts relating to belligerentoccupation, applies in Iraq. (4) The four Geneva Conventions of 1949 (5) and the HagueRegulations (6) play animportant role. Other international law relevant to human rights and to the treatment of prisonersmay also apply. For example, the International Covenant on Civil and Political Rights prohibits"cruel, inhuman or degrading treatment." (7) The Convention Against Torture (CAT) is also relevant. Prisoners of War (POW). (9) 
Civilians Detainees. Responsibility for Breaches. (29) Mistreatment of prisoners of war may incur individual liabilityunder both international norms and the Uniform Code of Military Justice (UCMJ) and may amountto "grave breaches" under the Geneva Conventions. Paragraph 1-5 of AR 190-8 sets forth the general standards:
a. U.S. policy, relative to the treatment of EPW, CI andRP in the custody of the U.S. Armed Forces, is as follows:
(1) All persons captured, detained, interned, orotherwise held in U.S. Armed Forces custody during the course of conflict will be givenhumanitarian care and treatment from the moment they fall into the hands of U.S. forces until finalrelease or repatriation. War crimes committed by personsnot subject to the UCMJ may be prosecuted in federal court under the War Crimes Act of 1996. (49) States parties also undertake to provide necessary training toprevent torture and "other acts of cruel, inhuman or degrading treatment or punishment which do notamount to torture" to "law enforcement personnel, civil or military, medical personnel, publicofficials and other persons who may be involved in the custody, interrogation or treatment of anyindividual subjected to any form of arrest, detention or imprisonment," (50) and to "keep undersystematic review interrogation rules, instructions, methods and practices as well as arrangementsfor the custody and treatment of persons subjected to any form of arrest, detention or imprisonmentin any territory under its jurisdiction, with a view to preventing any cases of torture." Congress passedlegislation in 1994 to implement the requirements of the CAT (18 U.S.C.Â§ 2340 et seq .). Torture Victim Protection Act (TVPA). Jurisdiction of federal statutes extends to U.S. nationals at U.S. facilitiesoverseas. (89) 
Iraqi Government Authority over Contractors. The Committees also interviewed General Taguba,who investigated the MP unit at Abu Ghraib, and Stephen Cambone, Undersecretary of Defense forIntelligence, as well as other intelligence officials. (112) 

		Legislation -- 108th Congress

The following laws enacted by the 108th Congress address the treatment of prisoners in Iraq. (117) Section 1091 states that the policy of the United States is toensure that no detainee in its custody is subjected to the treatment described above, to promptlyinvestigate and prosecute instances of abuse, to ensure that U.S. personnel understand the applicablestandards, to accord detainees whose status is in doubt the protection for prisoners of war under theGeneva Conventions, and to "expeditiously process and, if appropriate, prosecute detainees in thecustody of the United States, including those in the custody of the United States Armed Forces atGuantanamo Bay, Cuba." The report is to be submitted within 180 days of theenactment of P.L. 3003 , S. 12 Â§ 224). H.R. Section 8155 of H.R.
Photographs depicting the apparent abuse of Iraqi detainees at the hands of U.S. militarypersonnel at Abu Ghraib prison in Iraq resulted in numerous investigations, congressional hearings,and prosecutions, raising questions regarding the applicable law. The international law of armedconflict, in particular, those parts relating to belligerent occupation, applies in Iraq. The four GenevaConventions of 1949 related to the treatment of prisoners of war (POW) and civilian detainees, aswell as the Hague Regulations define the status of detainees and state responsibility for theirtreatment. Other international law relevant to human rights and to the treatment of prisoners mayalso apply. For example, the International Covenant on Civil and Political Rights prohibits "cruel,inhuman or degrading treatment." The U.N. Declaration on Human Rights and the U.N. ConventionAgainst Torture (CAT) is also relevant. Federal statutes that implement the relevant internationallaw, such as the War Crimes Act of 1996 and the Torture Victim Protection Act, as well as othercriminal statutes with extraterritorial application may also come into play. Finally, the law of Iraqas amended by regulations that were issued by the Coalition Provisional Authority (CPA) may applyin some circumstances.
This report summarizes pertinent provisions of the Geneva Conventions Relative to theTreatment of Victims of War (Geneva Conventions) and other relevant international agreements. The report begins with a discussion of international and U.S. standards pertaining to the treatmentof prisoners. A discussion of accountability in case of breach of these standards follows, includingpotential means of asserting jurisdiction over alleged violators, either in military courts under theUniform Code of Military Justice (UCMJ) or U.S. federal courts, by applying U.S. criminal statutesthat explicitly apply extraterritorially or within the special maritime or territorial jurisdiction of theUnited States (as defined in 18 U.S.C. Â§ 7), or by means of the Military Extraterritorial JurisdictionAct (MEJA). The section that follows discusses international requirements to provide redress forthose whose treatment at the hands of U.S. officials may have fallen below the standards outlinedin the first section of the report. Finally, the report summarizes relevant congressional activityduring the 108th and 109th Congresses, including a brief discussion of the anti-torture provision of P.L.109-13 ( H.R. 1268 ) as well as relevant pending legislation ( H.R. 3003 , S. 12 , H.R. 112 , H.R. 2863 , S. 1042 ). This reportwill be updated.