Interrogation of Detainees: Overview of the McCain Amendment

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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 … continued below

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12 Pages.

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Garcia, Michael John September 25, 2006.

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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.

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12 Pages.

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Congressional Research Service Reports

The Congressional Research Service (CRS) is the public policy research arm of Congress. This legislative branch agency works exclusively for Members of Congress, their committees and their staff. This collection includes CRS reports from the mid-1960's through 2018—covering a variety of topics from agriculture to foreign policy to welfare.

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  • September 25, 2006

Added to The UNT Digital Library

  • June 12, 2007, 3:46 p.m.

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  • Oct. 24, 2015, 3:48 p.m.

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Thumbnail image of item number 1 in: 'Interrogation of Detainees: Overview of the McCain Amendment'.
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Garcia, Michael John. Interrogation of Detainees: Overview of the McCain Amendment, report, September 25, 2006; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metacrs9888/: accessed April 26, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.

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