Interrogation of Detainees: Overview of the McCain Amendment

Description:

Controversy has arisen regarding U.S. treatment of enemy combatants and
terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such
treatment complies with U.S. statutes and treaties such as the U.N. Convention
Against Torture and Other Forms of Cruel and Inhuman or Degrading Treatment or
Punishment (CAT) and the 1949 Geneva Conventions. Congress approved
additional guidelines concerning the treatment of detainees via the Detainee
Treatment Act (DTA), which was enacted pursuant to both the Department of
Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf
of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109-148), and the National
Defense Authorization Act for FY2006 (P.L. 109-163). Among other things, the
DTA contains provisions that (1) require Department of Defense (DOD) personnel
to employ United States Army Field Manual guidelines while interrogating detainees,
and (2) prohibit the “cruel, inhuman and degrading treatment or punishment of
persons under the detention, custody, or control of the United States Government.”
These provisions of the DTA, which were first introduced by Senator John McCain,
have popularly been referred to as the “McCain Amendment.” This report discusses
the McCain Amendment, as modified and subsequently enacted into law.

Creator(s): Garcia, Michael John
Location(s): United States
Creation Date: September 25, 2006
Partner(s):
UNT Libraries Government Documents Department
Collection(s):
Congressional Research Service Reports
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Creator (Author):
Garcia, Michael John

Legislative Attorney

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Place of Publication: Washington D.C.
Date(s):
  • Creation: September 25, 2006
Coverage:
Place
United States
Description:

Controversy has arisen regarding U.S. treatment of enemy combatants and
terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such
treatment complies with U.S. statutes and treaties such as the U.N. Convention
Against Torture and Other Forms of Cruel and Inhuman or Degrading Treatment or
Punishment (CAT) and the 1949 Geneva Conventions. Congress approved
additional guidelines concerning the treatment of detainees via the Detainee
Treatment Act (DTA), which was enacted pursuant to both the Department of
Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf
of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109-148), and the National
Defense Authorization Act for FY2006 (P.L. 109-163). Among other things, the
DTA contains provisions that (1) require Department of Defense (DOD) personnel
to employ United States Army Field Manual guidelines while interrogating detainees,
and (2) prohibit the “cruel, inhuman and degrading treatment or punishment of
persons under the detention, custody, or control of the United States Government.”
These provisions of the DTA, which were first introduced by Senator John McCain,
have popularly been referred to as the “McCain Amendment.” This report discusses
the McCain Amendment, as modified and subsequently enacted into law.

Physical Description:

12 Pages.

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Partner:
UNT Libraries Government Documents Department
Collection:
Congressional Research Service Reports
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Resource Type: Report
Format: Text