https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN33941-ARMY_DIR_2021-32-000-WEB-1.pdf
MEMORANDUM FOR SEE DISTRIBUTION
SUBJECT: Army Directive 2021-32 (Detainee Operations Update)
1. References. See references enclosed.
2. Purpose. This directive updates policies, procedures, and planning guidance for
detainee operations during armed conflict and other military operations to comply with
provisions of international law applicable to the United States, provisions of executive
orders, and Department of Defense (DoD) directives and policies, including DoD
Directive 2310.01E (DoD Detainee Program).
3. Applicability. The provisions of this directive apply to the Regular Army, Army
National Guard/Army National Guard of the United States, and U.S. Army Reserve.
4. Policy.
a. Pursuant to references 1a and 1e, the Secretary of the Army serves as the
Executive Agent for the DoD Detainee Operations Program. The Provost Marshal
General (PMG) serves as the principal military advisor to Secretary of the Army and
Chief of Staff of the Army for detainee operations, including exercising authority,
direction, and control over the National Detainee Reporting Center.
b. Army commands must be in compliance with DoD Directive 2310.01E within
180 days of this directive to ensure our Army is trained and fully prepared to
conduct effective and lawful detainee operations during both competition and
conflict against hybrid threats and during limited contingency operations, security
cooperation/engagements, and Large Scale Combat Operations (LSCOs). Army
commands (ACOMs) and Army service component commands (ASCCs) will develop
detainee operations programs and policies that comply with DoD Directive 2310.01E,
addressing planning, exercises, training, and other standards and readiness
requirements.
(1) ASCCs will coordinate closely with combatant commands to conduct
deliberate planning to develop detainee operations annexes and/or appendices for their
Campaign Plans and Integrated Contingency Plans, ensuring coordination between
G-34 Detention Operations and G-2X Interrogation Operations.
(2) ASCCs, in close coordination with the Office of the Provost Marshal
General (OPMG), will develop compliance inspection programs to ensure that their
S E C R E T A R Y O F T H E A R M Y
W A S H I N G T O N
SUBJECT: Army Directive 2021-32 (Detainee Operations)
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policies and procedures for detainee operations are consistent with DoD
Directive 2310.01E.
(3) As the Army transitions from operations against hybrid threats to LSCOs,
there is a greater need to conduct realistic LSCO training to prepare forces to fight and
win our Nation’s wars against near-peer competitors outlined in the National Military
Strategy. Commands will increase opportunities for detainee operations training and
implement detainee operations scenarios in support of LSCOs within their operational
exercise programs, at all levels, in both live and simulated training environments.
Exercises must reinforce the integration of all warfighting functions in planning and
execution of detainee operations. Commanders must ensure that detainee operations
are incorporated into their Commander’s Training Objectives and Guidance.
c. All ACOMs; ASCCs; direct reporting units; and Headquarters, Department of the
Army principal officials will ensure that units, Soldiers, and assigned personnel are
made aware of the following changes to Army regulations (ARs), the DoD Detainee
Program, and Detainee Operations-specific responsibilities, definitions, principles, and
procedures:
(1) The Commander, Detainee Operations (CDO) exercises operational control
over all detention and interrogation facilities in a theater of operations as directed by the
theater commander. The CDO is responsible for establishing procedures for medical and
military intelligence assets operating within detention facilities and for direct liaison to
support the routine flow of functional or technical information from higher echelons and
external elements to the execution level. CDOs exercise command authority over all
detainee operations in a theater of operations in accordance with AR 600–20. However,
Military Intelligence Battalion (Interrogation) retains authority over intelligence
interrogation and debriefing functions, intelligence reporting, and coordination with other
agencies involved in the intelligence process. CDOs will enforce effective communication
between MI BN (Interrogation) and detention facility commanders (DFCs), and ensure
that the personnel primarily responsible for the security and health care of detainees do
not directly participate in the conduct of intelligence interrogations or engage in any action
that prepares detainees mentally or physically for any interrogation activities. Such
actions include the use of military working dogs. This does not prohibit furnishing
appropriate medical care for treatment of illness or injury, or other actions taken for health
and welfare of the detainee.
(2) MI BN (Interrogation) commanders are responsible for matters related to
intelligence interrogations, intelligence collection and reporting, and interaction
with other agencies involved in the intelligence or evidence-gathering process. The
MI BN (Interrogation) commander is responsible for interrogation operations, including
the prioritization of effort and control of interrogation or other intelligence operations,
such as:
SUBJECT: Army Directive 2021-32 (Detainee Operations)
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(a) developing and implementing synchronized interrogation tactics, techniques,
and procedures (TTPs) that comply with the law of war, U.S. law, DoD detention policy,
and other applicable policies and regulations
(b) coordinating with the DFC to ensure that the distinct roles and responsibilities
of intelligence collectors and detention facility guard force personnel are understood and
applied throughout all phases of detainee operations
(c) informing the CDO and J2X about interrogation operations
(d) prioritizing collection efforts
(3) The term “Unprivileged Enemy Belligerent (UEB)” identifies an individual
who is not entitled to the distinct privileges of combatant status (such as combatant
immunity), but who, by engaging in hostilities, has incurred the corresponding liabilities
of combatant status. UEB replaced the detainee category of Detained Person (DP),
which was typically used to identify terrorists, insurgents, or asymmetric fighters. UEBs
are not protected persons as defined by the Geneva Conventions of 1949; therefore,
they are not entitled to Enemy Prisoner of War (EPW), Retained Personnel (RP), or
Civilian Internee (CI) status, including treatment or protections on a provisional basis
pending a status determination, under reference 1g or any other authority. Although
individuals identified as UEBs are not entitled to CI status, for administrative and
operational purposes, the DFC should look to CI treatment procedures as guidance, in
accordance with reference 1g. Deviations on the treatment of individuals identified as
UEBs from established standards should be justified by tactical, operational, or strategic
security concerns or the need to protect them, other detainees, or U.S. forces.
(4) CIs detained for reasons of operational security or probable cause incident to
criminal investigation should be detained or transferred to local law enforcement
authorities as appropriate. In this case, the convening authority should prepare the
appropriate detention order. In all criminal trials, a CI will be entitled to a fair and regular
trial as prescribed by Army regulations.
5. Proponent. The Provost Marshal General is the proponent for this policy, responsible
for providing implementing guidance and incorporating its provisions into Army
Regulation 190–8 within 2 years from the date of this directive.
SUBJECT: Army Directive 2021-32 (Detainee Operations)
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6. Duration. This directive is rescinded on publication of the revised regulation.
Encl Christine E. Wormuth
DISTRIBUTION:
Principal Officials of Headquarters, Department of the Army
Commander
U.S. Army Forces Command
U.S. Army Training and Doctrine Command
U.S. Army Materiel Command
U.S. Army Futures Command
U.S. Army Pacific
U.S. Army Europe and Africa
U.S. Army Central
U.S. Army North
U.S. Army South
U.S. Army Special Operations Command
Military Surface Deployment and Distribution Command
U.S. Army Space and Missile Defense Command/Army Strategic Command
U.S. Army Cyber Command
U.S. Army Medical Command
U.S. Army Intelligence and Security Command
U.S. Army Criminal Investigation Command
U.S. Army Corps of Engineers
U.S. Army Military District of Washington
U.S. Army Test and Evaluation Command
U.S. Army Human Resources Command
Superintendent, U.S. Military Academy
Director, U.S. Army Acquisition Support Center
Superintendent, Arlington National Cemetery
Commandant, U.S. Army War College
Director, U.S. Army Civilian Human Resources Agency
CF:
Director of Business Transformation
Commander, Eighth Army
Enclosure
REFERENCES
a. Department of Defense (DoD) Directive 2310.01E (DoD Detainee Program),
19 August 2014, incorporating Change 2, effective 18 September 2020
b. DoD Directive 2311.01E (DoD Law of War Program), 2 July 2020
c. DoD Directive 3115.09 (DoD Intelligence Interrogations, Detainee Debriefings,
and Tactical Questioning), 11 October 2012, incorporating Change 3, effective
29 October 2020
d. DoD Instruction 2310.09 (Behavioral Science Support (BSS) for Detainee
Operations and Intelligence Interrogations), 5 September 2019
e. Headquarters, Department of the Army, General Orders 2020–01 (Assignment of
Functions and Responsibilities Within Headquarters, Department of the Army),
6 March 2020
f. Army Regulation (AR) 10–90 (Department of Defense Executive Agent
Responsibilities of the Secretary of the Army), 9 February 2018
g. AR 190–8 (Enemy Prisoners of War, Retained Personnel, Civilian Internees, and
Other Detainees), 1 October 1997
h. AR 600–20 (Army Command Policy), 24 July 2020
i. Army Field Manual 2-22.3 (Human Intelligence Collector Operations),
6 September 2006