42. Senator LEVIN. Secretary Cambone, Secretary Rumsfeld testified on May 7, 2004, that the Geneva Conventions apply to all prisoners of war, retained personnel, civilian internees, and other detainees in the custody of U.S. forces in Iraq. General Taguba has stated that the Geneva Conventions were not posted at Abu Ghraib and military police at that facility were not trained in the applicability of the Geneva Conventions. When was the determination made that the Geneva Conventions did apply to all detainees in Iraq and by whom was it made?

Secretary CAMBONE. The Geneva Conventions applied during Operation Iraqi Freedom. The plans for Operation Iraqi Freedom that were prepared by Com

mander, U.S. Central Command, and briefed to the President and me included provisions that clearly stated that enemy prisoners of war, retained persons, civilian internees, and other detainee "operations will be conducted in compliance with the 1949 Geneva Convention and applicable U.S. military regulations." Further, component and supporting commanders were responsible under the plans for Operation Iraqi Freedom for "[e]nsuring that treatment of all detained persons is in accordance with the Geneva Conventions and other applicable international law." The President directed these plans to be executed. Detention operations during Operation Iraqi Freedom were always to be conducted in accordance with the Geneva Conventions.

43. Senator LEVIN. Secretary Cambone, how was this decision disseminated to troops in the field and were specific directives or guidance sent out, of which the military police at Abu Ghraib should have been aware?

Secretary CAMBONE. (from 7 May Levin W, SECDEF, also used for #33): Prior to the commencement of Operation Iraqi Freedom, Commander, U.S. Central Command, prepared Operational Plan (OPLAN) 1003-V. Appendix 1 to Annex E of OPLAN 1003-V specifically addressed the treatment of the operational plan annex on enemy prisoners of war, retained persons, civilian internees, and other detainees. It outlined responsibilities, policies and procedures with respect to the handling of detainees, and provided specific guidance that the Geneva Conventions applied to all persons held by U.S. forces. This means of promulgation is consistent with the usual manner in which commanders provide guidance to their subordinate commanders. The subordinate commands would review the OPLAN and draft their own orders. For instance, the CJSC EXORD itself does not specifically address the Geneva Conventions; rather, it refers back to OPLAN 1003-V.

In addition to the promulgation of this OPLAN and its Annexes, commanders were responsible for ensuring that detainees were treated in accordance with the Geneva Conventions and applicable international law and that measures were implemented to ensure the forces were aware of and complied with the Law of War.

44. Senator LEVIN. Secretary Cambone, will the JAG be conducting his own review of the interrogation techniques listed in the October 12 Situation Update included in an annex to the Taguba Report to determine his assessment of their compliance with the Geneva Conventions?

Secretary CAMBONE. Department-wide, much has been done to improve detainee operations:

Army:

• Established Provost Marshal General in September 2003 as Army executive agent for detainee operations.

• Planning for general officer-level Military Police command in Army future force.

• Developed detainee operations integration plan-prioritized plan addressing policy, doctrine, organization, training, materiel, leadership, personnel, and facilities.

• Synchronized Army with joint policy and doctrine.

• Established Detainee Operations Oversight Council.

CENTCOM:

• Assigned a general officer to be in charge of all detention and interrogation operations in Iraq.

• Issued standard interrogation policies that emphasize application of Geneva Conventions and that are fully consistent with overall DOD policies. Upgrading detention facilities for soldiers and detainees.

Joint Staff:

• Created Joint Staff Detainee Affairs Division to address worldwide detainee operations.

• Drafted Multi-Service Tactics, Techniques & Procedures on Detainee Operations by the Air, Land, & Sea Applications Center.

• Expediting publication of Joint Doctrine for Detainee Operations (Joint Publication 3–63).

• Including Joint Interrogation Operations in "Joint and National Intelligence Support to Military Operations." (Joint Publication 2-01)

Added Detainee Operations to "Joint Training Policy and Guidance for the Armed Forces of the United States." (Chairman, Joint Chiefs of Staff

OSD:

• Established Deputy Assistant Secretary of Defense for Detainee Affairs (DASD-DA) office.

• Established a Joint Detainee Coordination Committee on Detainee Affairs chaired by DASD-DA.

• Issued policy "Procedures for Investigations into the Death of Detainees in the Custody of the Armed Forces of the U.S."

• Issued policy "Handling of Reports from the International Committee of the Red Cross."

• Initiated a department wide review of detainee-related policy directives. As part of that department wide review of detainee-related policy directives, the Judge Advocate General will review all policies and directives in order to ensure their compliance with the Geneva Conventions.

[Whereupon, at 12:35 p.m., the committee adjourned.]