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they might have to be modified for use in Iraq, where the Geneva Conventions were fully applicable.

Plans for the new detainee camp at Abu Ghraib, which will now be called Camp Redemption, were begun in November of 2003 in order to relieve overcrowding at the facility. After a series of mortar attacks against the facility in September which killed and injured both Iraqi detainees and U.S. soldiers, I directed increased force-protection measures be taken in order to protect coalition forces and detainees. Plans to upgrade the facilities for soldiers and detainees were also implemented.

Finally, the rate at which detainee case files were reviewed and recommended for release or continued internment was increased, both in November 2003 and again in February 2004, in order to ensure that only those detainees who posed a threat to security were detained. Indeed, our February 2004 changes resulted in the review of over 100 cases per day. The terrible events that occurred in the fall of 2003 have obviously highlighted additional problems that we have moved quickly to address.

While horrified at the abusive behavior that took place at Abu Ghraib, I believe that I have taken the proper steps to ensure that such behavior is not repeated. I further believe that my actions have sent the correct message that such behavior is inconsistent with our values, our standards, and our training. I have faith in our military justice system to resolve the cases brought before it. I would like to read the concluding paragraph from my memorandum to the command on proper conduct during combat operations. I believe it is an accurate summary of my standards and expectations. "Respect for others, humane treatment of all persons, and adherence to the law of war and rules of engagement is a matter of discipline and values. It is what separates us from our enemies. I expect all leaders to reinforce this message.

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In closing, the war in Iraq continues against a relentless enemy that is focused on preventing the Iraqi people from achieving their dream of freedom, prosperity, and security. This awful episode at Abu Ghraib must not allow us to get distracted. America's Armed Forces are performing magnificently, sacrificing every single day to defeat an enemy that is ruthless and elusive in its quest to terrorize Iraq and the world. The honor and value systems of our Armed Forces are solid and the bedrock of what makes us the best in the world. There has been no catastrophic failure, and America's Armed Forces will never compromise their honor. America must not falter in this endeavor to defeat those who seek to destroy our democratic value systems. In Iraq, the coalition military, including our 130,000 Americans, remain focused, and I guarantee you they will not fail.

Thank you, Mr. Chairman.

Chairman WARNER. Thank you, General. That is a very comprehensive statement, and I would ask, on behalf of the committee, that the documents that you referred to in your testimony-could copies be provided to the committee?

General SANCHEZ. We will comply, Mr. Chairman.

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1. Purpose. This memorandum reemphasizes the responsibility of Coalition Forces to treat all persons with dignity and respect. It reiterates the obligation of Coalition personnel to comply with the law of war.

2. Humane Treatment of the Iraqi People. Coalition Forces are committed to restoring the human rights of the Iraqi civilians and the rule of law. We must treat all civilians with humanity, dignity and respect for their property and culture. Coalition Forces preserve human life by avoiding c. vilian casualties and rendering prompt medical attention to persons injured during combat operations. Use judgment and discretion in deciding whether to detain civilians. In all circumstances, treat those who are not taking an active part in hostilities, including prisoners and c'etainees, humanely. Remain particularly aware of heightened sensitivity in the Iraqi ani Islamic cultures concerning the treatment of females. Whenever possible, fernales will be searched in a non-public location; unless absolutely necessary, male soldiers will not search fi:males.

3. Force Protection and the Lawful Use of Force. We are conducting combat operations in a complex, dangerous environment. Coalition Forces must remain bold and aggressive, yet disciplined, in their use cf force. When in contact with the enemy, use only that force necessary to accomplish the mission while minimizing unintended damage. Our posture must be strong and determined, while remaining firmly in control of the destructive power of our weapons. You have learned the principles of the law of war throughout your military careers. As professional soldiers, you must follow them, and comply with the rules of engagement. Before engaging any target, you must be reasonably certain that it is a legitimate military target Self-defense is always authorized.

4. Treatment of Journalists. Coalition Forces will treat journalists and media representatives with dignity and respect. Verbal or physical harassment of media members is inconsistent with our values as profesional soldiers. Media coverage, in large part, shapes domestic and international public perception of the security environment in Iraq. The media's mission to report the story of the reconstruction and security of Iraq is important to our mission. Independent coverage by local, national and international media will be facilitated to the maximum extent possible consistent with force protection and security. Journalists and media representatives must be permitted to travel without undue hindrance in order to pursue their profession. They can be expected to operate as both embedded and independent reporters, provided they do not represent a risk to Coalition Forces, CPA members or the Iraqi Security Forces. Their equipment will be seized, and film or digital disks crased, only

CJTF7-CG

SUBJECT: Proper Cond ict During Combat Operations

when required for imperative reasons of security and in accordance with procedures stated in CJTF-7 Frago 1176, Treatment of Journalists/Media Representatives, 041815DEC03.

5. A summary of "Rules of Proper Conduct During Combat Operations" is enclosed. This memorandum and the Rules of Proper Conduct will be distributed down to the platoon level. Leaders will ensure that all CJTF-7 personnel are trained on the Rules of Proper Conduct. Additionally, leaders will ensure that all CJTF-7 personnel receive refresher training on the rules of engagement, which includes training on the disciplined use of force, posted on the CJTF-7 CENTRIX web-site (Staff Section/SJA/Rules of Engagement/ROE Vignettes.ppt (30 JAN 04)).

6. Conclusion. Respect for others, humane treatment of all persons, and adherence to the law of war and rules of engagement is a matter of discipline and values. It is what separates us from our enemies. I expect all leaders to reinforce this message.

Encl as

DISTRIBUTION:

A

RICARDO S. SANCHEZ
Lieutenant General, USA
Commanding

Rules of Proper Conduct During Combat Operations

1. FOLLOW THE LAW OF WAR AND RULES OF ENGAGEMENT.

• Use only that amount of force necessary to accomplish your mission. Engage only positively identified targets. Use precision in every engagement to minimize unintended damage.

• Remain bold and aggressive, yet disciplined, in the use of force.

• SELF-DEFENSE IS BOTH AUTHORIZED AND REQUIRED.

2. TREAT ALL PERSONS WITH HUMANITY, DIGNITY AND RESPECT.

• Remain culturally a vare. When uncertain as to whether your actions will offend Iraqi or Islamic culture discuss your actions with a chaplain or other knowledgeable person.

• Render prompt medical care to persons injured during operations.

• Respect the honor cf women.

• Search females with female soldiers in a non-public area whenever possible; unless absolutely necessary, male soldiers will not search females.

3. USE JUDGMENT AND DISCRETION IN DETAINING CIVILIANS.

• Detain persons only when necessary and in accordance with the rules of engagement. ● Treat all detainees humanely -- if force is required, use only minimum necessary force. • Use hoods only when necessary for imperative reasons of safety or security, and consider the use of blindfolds as a less demeaning way to limit detainees' vision.

• Fill out the CPA Apprehension Form legibly and completely. Provide the details that will allow your higher headquarters to know whether to keep a person in detention as a criminal or a threat to security.

4. RESPECT PRIVATE PROPERTY.

• Minimize unintended damage.

• Seize properly only if required as evidence, contraband or former enemy property. Document the seizure of all property so that it may be returned to its owner when no longer needed as evidence or for intelligence exploitation.

• Provide a receipt for private property seized during an operation.

• Soldiers will not personally retain property taken during an operation - keeping this property for personal use is stealing.

• Provide claims formas to potential civilian claimants if operations result in unintended damage to innocent persons or property.

5. TREAT JOURNALISTS WITH DIGNITY AND RESPECT.

• Do not verbally or physically harass journalists or media representatives.

• Do not seize journalists' equipment, or erase film or digital disks, unless required for imperative reasons of security.

3

Chairman WARNER. Thank you very much.

STATEMENT OF MG GEOFFREY D. MILLER, USA, DEPUTY COMMANDER FOR DETAINEE OPERATIONS, MULTI-NATIONAL FORCE-IRAQ

General MILLER. Mr. Chairman, members of the committee, thank you for affording me this opportunity to appear this morning. While I have no opening statement, I do stand with the statements of General Abizaid and General Sanchez.

Thank you.

Chairman WARNER. Thank you very much.

Colonel Warren, do you wish to add anything?

STATEMENT OF COL MARC L. WARREN, STAFF JUDGE
ADVOCATE, CJTF-7

Colonel WARREN. Mr. Chairman, I have no opening statement, but I would be happy to respond to any questions.

Chairman WARNER. Thank you very much.

We will have a 6-minute round and I advise the committee that, in consultation with General Abizaid and the ranking member, there will be a brief closed session following the open session, such that we can receive some classified material.

General Abizaid, what policies has CENTCOM established for the conduct of interrogations in detainee operations? When were these policies established? What allegations of abuse are you aware of that could have also occurred in Afghanistan? Are the policies being uniformly applied and enforced throughout your area of responsibility (AŎR)?

General ABIZAID. Thank you, Mr. Chairman.

As I believe the Army has come over and discussed with the committee, the total number of detainee abuse cases that have been investigated since, I believe, the beginning of the conflict in Afghanistan is around 75. Of course, there are some death investigations, as well. We have homicide investigations that go back as far as December 2002 in Afghanistan that we absolutely have to move on and understand what happened there. We are working with the Army CID to understand that. But I believe the committee has the statistics on abuse.

Abuse has happened. Abuse has happened in Afghanistan, it has happened in Iraq, it has happened at various places. The question is, is there a systemic abuse problem with regard to interrogation that exists in the CENTCOM AOR?

Yesterday and I know the committee has not had a chance to review it yet-I did see the preliminary findings of a Department of the Army Inspector General (IG) investigation that talked about problems in training, problems in organization, very specific changes that will need to be made in doctrine, et cetera. I specifically asked the IG of the Army if he believed that there was a pattern of abuse of prisoners in the CENTCOM AOR. He looked at both Afghanistan and Iraq, and he said no. I sent my IG out in August of last year, asking him the same question, Are we treating people with dignity and respect?

Chairman WARNER. What findings did he report back when you sent him out in August?

General ABIZAID. He came back and said that we were struggling

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