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Military Police: Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees is the full title of a United States Army regulation usually referred to as AR 190-8, that lays out how the United States Army should treat captives.
As you will recall, in last June's Supreme Court decision in "Hamdi," Justice O'Connor explicitly suggested that a process based on existing military regulations—and she specifically cited Army regulation 190-8—might be sufficient to meet due process standards.
According to the Department of the Army Regulation 190-56 (2013), [7] both the Department of the Army (DA) Civilian Police (CP) and Security Guards (SG) have the authority to apprehend individuals who are found to have committed felonies, misdemeanors, breaches of the peace, threats to property of welfare, or actions that are detrimental to ...
Like the Combatant Status Review Tribunals, also run by OARDEC, the Boards form were modeled after the US Department of Defense's Army Regulation 190-8 Tribunals, but differed in its mandate. [1] All three procedures consisted of at least three officers, of whom the most senior was to be of field grade. [1]
The mandate of the AR 190-8 Tribunals is to fulfill the USA's Geneva Convention obligation to give captives a "competent tribunal"—authorized to make a determination as to whether the captive is a "privileged belligerent" entitled to the Conventions protections, an innocent civilian, who should be immediately released, or a combatant who has ...
Army regulation 190-45, Law Enforcement Reporting, stated that JPEN may be used to share police intelligence with DOD law enforcement agencies, military police, the U.S. Army Criminal Investigation Command and local, state, federal, and international law enforcement agencies.
Department of the Army. December 1947 – via Library of Congress. "Army Regulation 190–55 Military Police U.S. Army Corrections System: Procedures for Military Executions" (PDF). 2006-01-17 – via Federation of American Scientists. - Copy at the Army Review Boards Agency; Toman, Joshua M. (Spring 2008).
Supreme Court Justice Sandra Day O'Connor wrote that the Department of Defense should convene tribunals similar to those described in Army Regulation 190-8. Army Regulation 190-8 sets out the procedure officers of the United States armed forces should follow to determine whether captives taken during a war where: