FM 2-22.3 Human Intelligence Collector Operations

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Army Deputy Chief of Staff for Intelligence Lieutenant General John Kimmons displays the manual on June 6, 2006. Hires 060906-D-9880W-053 www.defenselink.mil Kimmons FM 2-22.3.jpg
Army Deputy Chief of Staff for Intelligence Lieutenant General John Kimmons displays the manual on June 6, 2006.

Army Field Manual 2 22.3, or FM 2-22.3, Human Intelligence Collector Operations, was issued by the Department of the Army on September 6, 2006. The manual gives instructions on a range of issues, such as the structure, planning and management of human intelligence operations, the debriefing of soldiers, and the analysis of known relationships and map data. The largest and most newsworthy section of the document details procedures for the screening and interrogation of prisoners of war and unlawful combatants.

Contents

Political issues

Drafting of the manual reflected concerns about enhanced interrogation techniques and/or torture, such as water boarding, that followed after a 2003 memo by John Yoo determined that the wartime authority of the U.S. president overrode international agreements against torture. [3] Revision of the manual from the previous FM 34-52 Intelligence Interrogation followed passage of a law in 2005, pressed by Senator John McCain, that caused interrogation techniques not included in the manual to be considered illegal for the U.S. Army, but not for the CIA. [4] [5] Therefore, the release of the manual was seen to prohibit Army personnel from methods such as mock executions, sexual humiliation, hooding prisoners and "waterboarding". [6] On March 8, 2008 president George W. Bush vetoed a bill, supported by Democrats and opposed by John McCain, which would have restricted the CIA to the techniques in the manual. [7]

Disputes during the manual's preparation included whether a section on interrogation techniques would remain classified, [4] and whether the Geneva conventions ban on "humiliating and degrading treatment" would be removed. [8]

Executive Order 13491, issued by Barack Obama on January 22, 2009 (two days after Obama's inauguration) revoked Executive Order 13440 of July 20, 2007. It restricted the CIA and other Executive Agencies to proceed with interrogations "strictly in accord with the principles, processes, conditions, and limitations [Army Field Manual 2 22.3] prescribes". [9] Persons associated with the U.S. government were advised that they could rely on the manual, but could not rely upon "any interpretation of the law governing interrogation – including interpretations of Federal criminal laws, the Convention Against Torture, Common Article 3, Army Field Manual 2 22.3, and its predecessor document, Army Field Manual 34 52 issued by the Department of Justice between September 11, 2001, and January 20, 2009." [10] This order restricted the CIA and all other U.S. personnel to the same rules that the military uses in interrogations. [11] Newsweek described the impact of this and three other executive orders issued shortly after Obama's inauguration as "The End of Torture", calling Obama's decision to restrict the CIA to the Army Field Manual "his most far-reaching and potentially controversial move" among these, and the subject of internal debate among Obama advisors. [12] Others expressed doubt about the policies, citing that in six months an interagency commission, headed by the U.S. Attorney General, may recommend "additional or different guidance" for non-military agencies such as the CIA. The Center for Constitutional Rights, one group that represents detainees, termed the commission an "escape hatch" for returning to previous practices. [13] [14] The Wall Street Journal termed this the "Jack Bauer exception", saying that Obama was drawing a line where none really existed, citing that Bush officials have stated that they used water boarding only against three top al-Qaida officials in 2003, and saying that the real effect was that CIA interrogators were purchasing legal insurance. [15]

Interrogation methods

The manual permits nineteen interrogation techniques, [16] Described in Chapter 8 of the manual as "approach techniques" to help establish a rapport, these are: [17]

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References

  1. "DoD News Briefing with Deputy Assistant Secretary Stimson and Lt. Gen. Kimmons from the Pentagon". U.S. Department of Defense. 6 June 2006. Archived from the original on 13 September 2006. Retrieved 9 June 2021.
  2. Donna Miles (6 June 2006). "New Documents Outline Detention, Interrogation Policies". U.S. Department of Defense. Archived from the original on 9 September 2006.
  3. John Tran (18 April 2008). "Q&A: Torture and 'enhanced interrogation'". The Guardian . London.
  4. 1 2 Lolita C. Baldor (14 June 2006). "Pentagon Won't Hide Interrogation Tactics". cageprisoners.com. Associated Press. Archived from the original on 18 January 2013. Retrieved 10 February 2009.(three months prior to issue of FM 2-22.3)
  5. Ken Gude (15 July 2008). "The worst of the worst". The Guardian . London. Retrieved 9 June 2021.
  6. Suzanne Goldenberg (7 June 2006). "US confirms existence of secret prison network". The Guardian. London.
  7. Ed Pilkington (10 March 2008). "Bush vetoes move to ban water torture". The Guardian. London.
  8. Julian Borger (6 June 2006). "Pentagon's interrogation manual dodges Geneva ban". The Guardian . London.(three months prior to issue of FM 2-22.3)
  9. Barack Obama (22 January 2009). "Ensuring Lawful Interrogations". WhiteHouse.gov . Archived from the original on 26 January 2009.
  10. Executive Order 13491 "Ensuring Lawful Interrogations" (Full text on Wikisource). The other three orders mentioned by Newsweek are presumably Executive Order 13490 "Ethics Commitments by Executive Branch Personnel", Executive Order 13492 "Review and Disposition of Individuals Detained at the Guantanamo Bay Naval Base and Closure of Detention Facilities", and Executive Order 13493 "Review of Detention Policy Options"
  11. Mark Silva (22 January 2009). "Obama: Close Guantanamo within year". Chicago Tribune. Archived from the original on 16 May 2012. Retrieved 6 June 2021.
  12. Isikoff, Michael; Hosenball, Mark (22 January 2009). "The End of Torture: Obama banishes Bush's interrogation tactics".
  13. Gerstein, Josh (23 January 2009). "Why the Gitmo policies may not change". Politico . Retrieved 9 June 2021.
  14. "CCR praises Obama orders, cautions against escape hatch for torture". Center for Constitutional Rights (Press release). 22 January 2009. Retrieved 9 June 2021.
  15. "The Jack Bauer Exception: Obama's executive order wants it both ways on interrogation". The Wall Street Journal . 23 January 2009.
  16. Johnathan S. Landay (22 January 2009). "Obama's orders only the start of a detainee policy overhaul". McClatchy. Archived from the original on 8 September 2012.
  17. "8". Army Field Manual 2-22.3 (PDF). U.S. Army. 6 June 2006. Archived from the original (PDF) on 17 February 2010.
  18. Cheryl Welsh (largely summarizing Alfred McCoy (January 2008). "In Contravention of Conventional Wisdom".
  19. Mayer, Jane (8 August 2007). "The Black Sites: A Rare Look Inside the C.I.A.'s Secret Interrogation Program" (Interview). Interviewed by Amy Goodman. Democracy Now!.