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The ALARACT refers to AR 190-11 and public law (section 1062 of Public Law 111–383, also known as the National Defense Authorization Act for Fiscal Year 2011); AR 190–11 in turn cites the McCarran Internal Security Act (codified as 50 USC 797). The ALARACT reference is a truncated version of the public law. [27]
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 ...
AR-190-8 Tribunals are authorized to confirm that a captive is a lawful combatant, after all, who should continue to be detained as a prisoner of war until hostilities cease. AR-190-8 Tribunals are authorized to determine that a captive is an innocent civilian, who should be immediately released.
DACPs and DASGs authority is subject to limitations imposed by AR 190-56 and the Posse Comitatus Act. Execution of their authority is restricted to the bounds of the installation when on duty (Department of the Army, 2013 [7]). DACPs and DASGs are also limited on aid to civilian law enforcement (Posse Comitatus Act, 18 U.S. Code § 1385 [11]).
The mandate of the CSRTs and the AR 190-8 Tribunals differed in that AR 190-8 Tribunals were authorized to determine that captives were civilians, who should be released, and "lawful combatants", whom the Geneva Conventions protect from prosecution. [11]
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The tribunal president had the authority to rule on all other administrative matters. The most important difference between a CSRT Tribunal and an AR 190-8 Tribunal lay in their respective mandates. The AR-190-8 Tribunals were intended to comply with the United States responsibilities, as a signatory to the Geneva Conventions, to establish a ...
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