Always out front.
FM 2-22.3 is a comprehensive publication that covers the entire spectrum of HUMINT collection activities: Screening, Interrogation, Debriefing, Liaison Operations and Human Source Contact Operations. The manual includes lessons learned from Operations Enduring Freedom and Iraqi Freedom and is designed to ensure that all HUMINT collection, including interrogations, is conducted professionally, and that all detainees, regardless of status, are treated humanely.
FM 2-22.3 applies to every Department of Defense (DOD) interrogator-DOD personnel, including contractors-as well as to military commanders and their staffs responsible for the planning, oversight, and conduct of interrogations of detainees "in the custody or under the effective control of the DOD or under detention in a DOD facility." The FM also applies to other government agencies and foreign governments conducting approved interrogations in a DOD controlled facility.
Recent policy and legal decisions have affected the HUMINT field, and consequently, the contents of FM 2-22.3. Those events were the passage of the Detainee Treatment Act of 2005 into Public Law 195-140 (also known as the McCain Amendment), and the DOD-directed introduction of the Military Source Operations (MSO) concept. Additionally, the manual complies with and implements a number of important policy documents to include DOD Directive 3115.09, DOD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning published 3 November 2005.
The McCain Amendment requires that all persons detained by the U.S. government be treated in accordance with the provisions of FM 2-22.3. This means that FM 2-22.3 carries the weight of U.S. policy, as it relates to interrogation approaches and techniques. The new FM presents carefully crafted legal guidance on everything from the proper treatment of detainees to recognizing, preventing, and reporting prohibited acts. The legal material included in FM 2-22.3 has been provided, and reviewed, by lawyers from the U.S Army Intelligence Center (USAIC), the Judge Advocate General School, the U.S. Army Office of the Judge Advocate General, and lawyers from the Office of the Secretary of Defense and the other armed services.
The introduction of the MSO concept incorporates all of the HUMINT Collector's responsibilities. Interrogation operations, for example, are now part of MSO, rather than being a separate operation. HUMINT Source Contact Operations is now included in U.S. Army Interrogator (MOS 97E) training and the doctrine for Source Contact Operations is now included in FM 2-22.3.
A number of other topics in FM 34-52 have been given additional attention in FM 2-22.3. One such topic is the issue of command and control relationships. HUMINT Collection Teams (HCTs) often work in Joint environments, so it is important that leaders at all levels understand the command and control relationships under which HUMINT collectors might operate. Army and Joint command control relationships are clearly presented in the manual.
The roles and relationship between the Military Police (MP) internment/resettlement mission and HUMINT collection operations are clearly explained in the manual including planning, command and control, and many legal considerations and discussions. Charts and detailed text explain the specifics of required coordination for the conduct of HUMINT collection operations when a detainee population is under the custody of MPs. MPs are clearly prohibited from setting the conditions for interrogations. Doctrine writers from USAIC and U.S. Army Military Police School have worked together closely to ensure that FM 2-22.3 and the MP FM 3-19.40, Internment and Resettlement Operations, are complementary and synchronized with each other concerning these vital issues.
A number of additional new topics have been added to FM 2-22.3. Two chapters in the main body of the FM address the topics of HUMINT analysis and automation. New approaches present material on:
* Source Reliability.
* Pre-Deployment Planning.
* Questioning Guide.
* Contract Interrogators.
* Equipment for HCT Operations (HCT Kitbag).
Medical responsibilities and considerations are discussed in Chapter 5. Commander, medical personnel, and HUMINT collector responsibilities are clearly listed. As noted above, the manual has been reviewed by legal staffs at every level of the Army and DOD. The manual also outlines other terms relative to the Geneva Conventions. Threaded throughout the FM is the theme of one standard for humane treatment. FM 2-22.3 is fully consistent with the single standard for humane detainee treatment, regardless of status, in accordance with the Detainee Treatment Act of 2005, the Geneva Conventions (including Common Article 3) and DOD Policy. The manual is completely consistent with the explicit recognition in the Law of War, including Geneva Conventions, that detainees may receive different treatment based on their status. FM 2-22.3 explicitly prohibits torture or cruel, inhumane or degrading treatment or punishment in all cases and provides an illustrative list of prohibited practices that would constitute abuse.
FM 2-22.3 makes clear that commanders of forces conducting HUMINT operations are directly responsible and accountable to ensure humane detainee treatment in accordance with, " ... applicable law and policy, including U.S. law; the law of war; relevant international law; relevant directives, including:
* DOD Directive 3115.09, DOD Intelligence Interrogations Detainee Debriefings Tactical Questioning.
* DOD Directive 2310.01E, The DOD Detainee Program.
* DOD instructions and military orders, including fragmentary orders."
In Chapter 8, the manual discusses applying 18 approach techniques that a HUMINT collector can orchestrate as part of an interrogation strategy. These approach techniques include all of those included in the last approved version of FM 34-52 (1992) plus two additional techniques which require approval at the Colonel level and accompanied by some oversight considerations. Appendix M discusses one restricted technique-Separation, that can be used only on specially identified unlawful enemy combatants. It cannot be employed on an Enemy Prisoner of War (EPW). Separation is employed " ... to deny the detainee the opportunity to communicate with other detainees in order to keep him from learning counter-resistance techniques or gathering new information to support a cover story ... ". The manual's appendix provides a comprehensive list of the approval process, responsibilities, and general controls used in Separation.
FM 2-22.3 is written for the Soldier. It is an important step forward in the continuing effort to provide the Soldier with the best and latest tools to accomplish the mission.
ALWAYS OUT FRONT!
By Major general Barbara G. Fast
Commanding General, U.S. Army Intelligence
Center and Fort Huachuca