118 STAT. 2069 PUBLIC LAW 108–375—OCT. 28, 2004 (7) the alleged crimes of a handful of individuals should not detract from the commendable sacrifices of over 300,000 members of the Armed Forces who have served, or who are serving, in Operation Iraqi Freedom; and (8) no detainee shall be subject to torture or cruel, inhuman, or degrading treatment or punishment that is prohibited by the Constitution, laws, or treaties of United States. (b) POLICY.—It is the policy of the United States to— (1) ensure that no detainee shall be subject to torture or cruel, inhuman, or degrading treatment or punishment that is prohibited by the Constitution, laws, or treaties of the United States; (2) investigate and prosecute, as appropriate, all alleged instances of unlawful treatment of detainees in a manner con sistent with the international obligations, laws, or policies of the United States; (3) ensure that all personnel of the United States Govern ment understand their obligations in both wartime and peace time to comply with the legal prohibitions against torture, cruel, inhuman, or degrading treatment of detainees in the custody of the United States; (4) ensure that, in a case in which there is doubt as to whether a detainee is entitled to prisoner of war status under the Geneva Conventions, such detainee receives the protections accorded to prisoners of war until the detainee’s status is determined by a competent tribunal; and (5) expeditiously process and, if appropriate, prosecute detainees in the custody of the United States, including those in the custody of the United States Armed Forces at Guanta namo Bay, Cuba. (c) DETAINEES.—For purposes of this section, the term ‘‘detainee’’ means a person in the custody or under the physical control of the United States as a result of armed conflict. SEC. 1092. ACTIONS TO PREVENT THE ABUSE OF DETAINEES. (a) POLICIES REQUIRED.—The Secretary of Defense shall ensure that policies are prescribed not later than 150 days after the date of the enactment of this Act regarding procedures for Department of Defense personnel and contractor personnel of the Department of Defense intended to ensure that members of the Armed Forces, and all persons acting on behalf of the Armed Forces or within facilities of the Armed Forces, treat persons detained by the United States Government in a humane manner consistent with the inter national obligations and laws of the United States and the policies set forth in section 1091(b). (b) MATTERS TO BE INCLUDED.—In order to achieve the objective stated in subsection (a), the policies under that subsection shall specify, at a minimum, procedures for the following: (1) Ensuring that each commander of a Department of Defense detention facility or interrogation facility— (A) provides all assigned personnel with training, and documented acknowledgment of receiving training, regarding the law of war, including the Geneva Conven tions; and (B) establishes standard operating procedures for the treatment of detainees. 10 USC 801 note.
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