CRS Issue Statement on Detainee Treatment

Michael John Garcia, Coordinator
Legislative Attorney


Following the terrorist attacks of 9/11, Congress passed the Authorization to Use Military Force (AUMF), which authorized the President to use all "necessary and appropriate force" against persons and entities who planned, authorized, committed, or aided the terrorist attacks against the United States. During subsequent military and intelligence operations in Afghanistan and elsewhere, the United States has captured and interrogated numerous persons suspected of enemy belligerency and/or terrorist activity. Over the years, issues relating to detainee treatment in the "war on terror" have been the subject of numerous legal and policy disputes. 

Potential issues that may arise in the second session of the 111th Congress include the following. 

Standards for Interrogation and Treatment of Detainees 

Over the years, rules concerning the treatment of detainees have become more stringent as a result of Supreme Court rulings concerning the applicability of the Geneva Conventions and legislative enactments imposing higher standards for the treatment of detainees. In January 2009, President Obama issued a series of Executive Orders related to the treatment of wartime detainees. Among other things, these Orders established uniform standards for the interrogation of suspected belligerents, and created special task forces to review U.S. detention, interrogation, and rendition policies. New judicial or legislative developments may further affect standards for the treatment of detainees. 

While the Supreme Court has determined that, at a minimum, Common Article 3 of the 1949 Geneva Conventions applies to at least some of detainees, questions may continue to arise regarding the relevant international legal regime governing the detention, interrogation, and treatment of persons detained in the "war on terror." Issues may include the application of other provisions of the Geneva Conventions to detainees, as well as the relevance of human rights agreements like the Convention Against Torture to standards for the treatment of detainees.


Date of Report: January 14, 2010
Number of Pages: 5
Order Number: IS40266
Price: $7.95

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