12 February 2010
system, with most disasters being handled by local and state governments. When devastation is serious and
exceeds the capability and resources of local and state governments, states turn to the federal government
for help. Once the President has declared a national disaster, Federal Emergency Management Agency
coordinates with its own response activities and 28 other federal agencies that may provide assistance.
Federal agencies help states and localities recover from disasters by providing services, resources, and
personnel to perform necessary functions, such as transporting food and potable water to the affected area,
assisting with medical aid and temporary housing for those whose homes are uninhabitable, and providing
generators for electric power to keep hospitals and other essential facilities in operation. Federal
Emergency Management Agency also works with states and territories during nondisaster periods to help
plan for disasters, develop mitigation programs, and anticipate what will be needed when national disasters
occur. The Federal Response Plan provides the foundation on which the Federal Emergency Management
Agency executes its responsibilities.
E-6. Title 42, USC, Chapter 68, (Robert T. Stafford Relief and Emergency Assistance Act), authorizes the
federal government to respond to disasters and emergencies to provide assistance; save lives; and protect
public health, safety, and property.
E-7. Federal responses to natural disasters (earthquakes, hurricanes, typhoons, tornadoes, volcanic
activity); man-made disasters (radiological, hazmat releases); and other incidents requiring federal
assistance are also addressed in Title 42, USC.
E-8. The National Response Plan describes the basic mechanisms and structures by which the federal
government mobilizes resources and conducts activities to augment state and local response efforts. To
facilitate the provisions of federal assistance, the National Response Plan uses a functional approach to
group the types of federal assistance that a state is most likely to need. Normally, a state needs no more
than 12 emergency support functions. Each emergency support function is headed by a primary agency that
has been selected based on its authorities, resources, and capabilities in the particular functional area. The
12 emergency support functions serve as the primary mechanism through which federal response assistance
is provided to assist the state in meeting response requirements in an affected area. Federal assistance is
provided to the affected state by coordinating with the Federal Coordinating Officer, who is appointed by
the director of the Federal Emergency Management Agency on the President’s behalf.
E-9. Other federal agencies can provide advice and assistance in performing I/R operations. For example,
the Department of Transportation has technical capabilities and expertise in public transportation and the
Department of Agriculture has projects and activities ongoing in foreign countries and can provide
technical assistance and expertise upon request. Other federal agencies that can be resourceful in planning
and implementing I/R operations are the U.S. Agency for International Development, Office of Foreign
Disaster Assistance, U.S. Information Agency, Department of Justice, Public Health Service, and ICE.
U.S. Agency for International Development
E-10. The U.S. Agency for International Development is not under direct control of the Department of
State. However, it coordinates activities at the department and country level within the federal government.
Office of Foreign Disaster Assistance
E-11. The Office of Foreign Disaster Assistance is responsible for providing prompt nonmilitary assistance
to alleviate the loss of life and suffering for foreign disaster victims. The Office of Foreign Disaster
Assistance may request DOD assistance for I/R operations. Coordination and determination of forces
required are normally accomplished through the DOD and joint task force.
U.S. Information Agency
E-12. U.S. Information Agency helps achieve U.S. objectives by influencing public attitudes overseas. The
agency advises the U.S. government on the possible impact of policies, programs, and official statements
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Agencies Concerned With Internment and Resettlement Operations
12 February 2010
on foreign opinions. The U.S. Information Agency aids humanitarian assistance forces in gaining popular
support and countering attempts to distort and frustrate U.S. or joint task force objectives.
Department of Justice
E-13. The Department of Justice agency that the U.S. armed forces may contact for assistance in domestic
humanitarian assistance operations is the Community Relations Service. Under the authority and direction
of the attorney general, the Community Relations Service provides on-site resolution assistance through a
field staff of mediators and negotiators.
Public Health Service
E-14. The Public Health Service promotes the protection and advancement of the nation’s physical and
mental health. U.S. armed forces work with the Public Health Service during refugee operations in or near
the United States and its territories.
U.S. Immigration and Customs Enforcement
E-15. The ICE provides information and service to the public while enforcing immigration control. The
ICE is essential in the processing and eventual disposition of migrants and refugees in the United States and
UNITED NATIONS AGENCIES
E-16. The UN is involved in the entire spectrum of humanitarian assistance operations, from prevention to
relief, ensuring that the rights and privileges of persons affected by I/R operations are observed.
E-17. The UN High Commissioner for Refugees was established in 1951 as a subsidiary of the UN General
Assembly; it has field offices in ninety countries. The UN High Commissioner for Refugees Handbook for
Emergencies and other publications provide excellent guides for conducting refugee operations. The two
main functions of the UN High Commissioner for Refugees are—
Providing refugees with international protection that promotes the adoption of international
standards for the treatment of refugees and supervises their implementation.
Seeking permanent solutions for the refugee problem that facilitates the voluntary repatriation
and reintegration of refugees into their country of origin or facilitates integration into a country
of asylum or a third country.
E-18. Other activities of the UN High Commissioner for Refugees include emergency relief counseling,
education, and legal assistance. In practice, these activities entail a very active role in human rights
monitoring. In any case, the UN High Commissioner for Refugees role is to help governments meet the
obligations that they have under various international statutes concerning refugees. (See chapter 1 for more
information on the Convention Relating to the Status of Refugees and the Geneva Protocol Relating to the
Status of Refugees, in which subscribing nations undertook to cooperate with and facilitate UN High
Commissioner for Refugees tasks to provide international assistance and protection for refugees.)
E-19. The UN disaster relief coordinator coordinates assistance for persons compelled to leave their homes
because of disasters, natural or otherwise. Assistance includes items such as temporary housing and
provisions for daily living subsistence.
RED CROSS AND RED CRESCENT MOVEMENT
E-20. Three main organizations compose the Red Cross and Red Crescent Societies. These organizations
include the IFRC, the ICRC, and the International Federation of Red Crescent Societies.
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12 February 2010
E-21. The IFRC and the International Federation of Red Crescent Societies carry out relief operations to
assist victims of natural and manmade disasters. The IFRC and the International Federation of Red
Crescent Societies have a unique network of national societies throughout the world that gives them their
principal strengths. The IFRC is the umbrella organization for the ICRC and its network of national
OMMITTEE OF THE
E-22. The ICRC received its mandate to act as a monitoring agent for the proper treatment of detainees
from the Geneva Conventions. The ICRC also coordinates international relief operations for victims of
conflict, reports human rights violations, and promotes awareness of human rights and further development
among nations of the National Red Cross and Red Crescent Societies.
E-23. Generally, a neutral state or an international humanitarian organization (such as the ICRC) is
designated by the U.S. government as a protecting power to monitor whether detainees are receiving
humane treatment as required by U.S. policy and international laws, including the Geneva Conventions.
Duly accredited representatives of the protecting power, the ICRC, and others visit and inspect internment
facilities and other places of internment in the discharge of their official duties. If the visit or assistance is
within the limits of military and security considerations, the commander grants these organizations the
necessary access to detainees and internment facilities. At times, the inspections will be previously
authorized by the theater commander. Such visits will not be prohibited, nor will their duration or
frequency be restricted, except for reasons of imperative military necessity and then only as a temporary
measure. The detention facility commander, in consultation with the legal advisor, decides if this measure
is required and immediately notifies higher headquarters and the ICRC/protecting power. Detention facility
commanders, in consultation with the legal advisor, develop and foster relationships with ICRC personnel
to address and resolve detainee issues, requests, or complaints.
E-24. If requested, these representatives may interview detainees without witnesses. Visiting
representatives may not accept letters, paperwork, documents, or other articles for delivery from the
E-25. Detainees may make complaints or requests to the ICRC/protecting power regarding the conditions
of their internment. Detainees may not be punished for making complaints, even if those complaints prove
to be unfounded. Complaints will be received in confidence because they might endanger the safety of
other detainees. Appropriate action, including segregation, will be taken to protect detainees when
E-26. Detainees exercising the right to complain to the detention facility commander or the
ICRC/protecting power (according to AR 190-8) may do so—
In person to the visiting representative of the ICRC/protecting power.
Through an existing, officially constituted detainee committee or representative.
E-27. Internment facility commanders will attempt to resolve complaints and address requests. If a detainee
is not satisfied with the way a commander handles a complaint or request, he or she may submit it in
writing through the necessary channels to Headquarters, DA, OPMG, Attention: NDRC.
E-28. Written complaints to the ICRC/protecting power will be promptly forwarded to Headquarters, DA,
OPMG, Attention: NDRC. A separate letter with detention facility commander comments will be included
with the detainee complaint. Military endorsements will not be placed on detainee communication. Written
communication from the ICRC/protecting power to a detention facility commander regarding a detainee
complaint or request will be reported to Headquarters, Department of the Army, OPMG, Attention: NDRC,
for inclusion in the detainee’s personnel file.
E-29. ICRC inspectors make oral or written reports of their inspection findings or concerns at any
command level. These reports are critically important to the chain of command and senior DOD leaders
Agencies Concerned With Internment and Resettlement Operations
12 February 2010
and are immediately transmitted through command channels to the combatant commander. Oral reports are
summarized in writing. The following must be included in the reports:
A description of the ICRC visit or meeting, including the location, time, and date.
A clear, concise summary of the reported observations.
Corrective action initiated, if warranted.
Identification of specific detainees, if applicable.
Name of the ICRC representative.
Name of the U.S. official who received the report.
Name of the U.S. official who submitted the report.
E-30. All ICRC communications, including summarized reports, will be marked with the following
statement: ICRC communications are provided to DOD as confidential, restricted-use documents. As such,
these documents will be safeguarded the same as classified documents. The dissemination of ICRC
communications outside DOD is not authorized without approval of the Secretary of Defense or Deputy
Secretary of Defense.” While the ICRC has no enforcing authority and its reports are confidential, any
public revelation regarding the standards of detainee treatment can have a substantial effect on international
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12 February 2010
Sample Facility Inspection Checklist
While U.S. and international laws are important at all I/R levels, there is an
increasing standard of requirements at internment facilities located at theater and
strategic levels. Using a facility inspection checklist helps ensure that U.S. armed
forces within and around the internment facility are operating according to
established policy and U.S. and international laws. Figure F-1
is a sample facility
inspection checklist that can be used to help develop an actual checklist for theater
and strategic facilities. This sample checklist should be expanded to include more
necessary details and tailored to meet the specific OE impacting the given internment
DATE OF INSPECTION:
PERSONNEL PRESENT AT THE INSPECTION: _____________________________________________
Does a facility SOP exist?
Is the facility SOP centrally located so that everyone can refer to it if necessary?
Is the facility SOP current (for example, does it incorporate relevant FRAGOs as they are
Does the facility SOP fully implement requirements from the applicable DOD policies and
include, as a minimum––
• All physical security policies?
• Guard and medic measures and/or procedures?
• In-processing procedures?
• Accountability and detainee-tracking procedures?
• Policies for processing DD Forms 2745?
• Procedures for documenting, safeguarding, and returning detainee property
according to the Geneva Conventions?
• Procedures for accommodating NGOs and other similar organizations, such as the
• Procedures for reporting allegations of potential criminal acts or violations of the
law of war?
• Procedures for investigating and documenting detainee injuries or accidents?
• Policies and warnings against exposing detainees to public curiosity or releasing
photographs without legal review?
• Procedures regarding the release or transfer of detainees?
Has every facility employee read the SOP?
Figure F-1. Sample internment facility inspection checklist
12 February 2010
Is there an interpreter on-site or on-call for in-processing?
Are the legal status and rights of detainees written in their native languages and displayed in
plain sight for them as they in-process?
Is there an initial medical screening performed by a medic or doctor?
Are photos taken to document any injuries?
Are grievance procedures for detainees written in their native languages and displayed in plain
Is there an interpreter on-site or on-call for out-processing?
Has the detainee participated in segregation and an out-briefing?
Is there a medical screening performed by a medic or doctor?
Is there a conditional release statement (for detainees being released)?
Has the releasing unit prepared, maintained, and reported the chain of custody and
transfer/release documentation according to current transfer and release procedures?
HUMANE TREATMENT OF DETAINEES
Do detainees have adequate washing facilities to keep them free from disease?
Do detainees have blankets?
Do detainees have mattresses or cots if available?
Is the number of toilets equivalent to 1 for every 15 detainees?
Do detainees have adequate and frequent access to toilets?
Are adequate showers available in facilities that hold detainees more than 72 hours?
Protection Measures (Indirect-/Direct-Fire Weapons)
Do detainees have heating, air-conditioning, ventilation, shade, and/or overhead cover?
Are detainees sufficiently protected from the harm of current operations?
Are detainees sufficiently protected from each other?
Are women and juveniles segregated from the general detainee population if possible?
Are armed guards of sufficient force to control access points and protect detainees from each
Are procedures in place to protect detainees from the public, the press, and nonmilitary entities?
Are detainee diets adequate to keep them in good health?
Are detainee diets culturally and religiously appropriate?
Do detainees have access to potable water?
Is daily sick call available?
Are accommodations made for special needs; for example, sight-impaired or contagious
Are detainees in long-term facilities permitted to correspond with family via the ICRC?
Are detainees granted access to religious articles and permitted to pray?
Are detainees in long-term facilities permitted exercise and/or recreation?
Figure F-1. Sample internment facility inspection checklist (continued)
Documents you may be interested
Documents you may be interested