UNCLASSIFIED

This unclassi?ed report is in response to section 1274 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019, Public Law 115?232, August 13, 2018. The Department
of Defense (DOD) submitted a comprehensive classi?ed annex to supplement this unclassi?ed
report.

Preface

does not, and will not, tolerate abuse of detainees. personnel are required to conduct
intelligence interrogations, detainee debrie?ngs, and tactical questioning of persons whether in
US. or foreign custody humanely and in accordance with applicable law and policy, including
the US. Army Field Manual 2?22.3, ?Human Intelligence Collector Operations,? September
2006, and Directive 3115.09, Intelligence Interrogations, Detainee
Debrie?ngs and Tactical Questioning,? October 11, 2012, Incorporating Change 2, Effective
April 27, 2018. Regardless of whether a detainee is in US. or foreign custody, 
interrogators may not use any interrogation technique or approach that is not authorized by, and
listed in, Army Field Manual 2~22.3.

The Secretary of Defense requires all personnel to comply with law and policy and to
conduct themselves in the most ethical manner at all times. Those who do not comply with these
standards will be held accountable. The Secretary also expects U.S. allies and partners to uphold
their responsibilities under international law regarding the humane treatment of detainees,
consistent with Common Article 3 of the Geneva Conventions, including prohibitions against
abusive interrogation techniques. No person interrogated, debriefed, or questioned by 
personnel, regardless of that person?s location or custody circumstances, will be subject to cruel,
inhuman, or degrading treatment.

Detention and Intelligence Interrogation Policies and Guidance in Yemen.

Given the active threats against our homeland posed by terrorist networks operating from
Yemen, personnel have been in Yemen since May 2016 supporting operations against al~
Qa?ida in the Arabian Peninsula and Islamic State of Iraq and Syria-Yemen. U. S. forces do not
conduct detention operations in Yemen, rather, U. S. forces conduct intelligence interrogations of
detainees held 1n partner custody.

All interrogators and debriefers are trained in the law of armed con?ict and humane
treatment standards, and trained on how to look for, and report on, any detainee abuse. Pursuant
to 3115.09, personnel are required to report immediately to their chain of command
or supervision any suspected or alleged violation of policy, procedures, or applicable law
relating to intelligence interrogations, detainee debrie?ngs, or tactical questioning for which
there 1s credible information. This includes any suspected or alleged violations by non-DoD

U. S. or foreign personnel.

Based on information gathered at this time, has determined that personnel have
neither observed, nor been complicit in, any cruel, inhuman, or degrading treatment of detainees
in Yemen.

Partner Detention Operations and the Humane Treatment of Detainees.

UNCLASSIFIED

 

UNCLASSIFIED

DOD takes detainee abuse allegations and the investigation Of detainee abuse very seriously,
whether it occurs in U.S. or foreign partner custody. Based on information tO?date, DOD has not
developed any independent, credible information indicating that U.S. allies or partners have
abused detainees in Yemen.

DOD also takes Gross Violations Of Human Rights (GVR) very seriously. policy on
GVHR is reinforced by a Secretary of Defense memorandum published on August 18, 2014, on
the ?Implementation Of Section 8057, DOD Appropriations Act, 2014.? That memorandum
states that ?all DOD Components will report any relevant information in their
possession about GVHR by units Of foreign security forces to the Of?ce Of the Under Secretary
Of Defense for Policy (Stability and Humanitarian Affairs) through the Joint Staff 
Additionally, in a July 7, 2017, letter to Senator McCain, Secretary Mattis reiterated that ?if U.S.
military personnel suspect a violation Of the law of armed con?ict, including by forces they are
observing, DOD policy requires such personnel to report the violation through their chain of
command.?

DOD has not assessed any violations of section 362 of title 10, United States Code (DOD Leahy
law) in Yemen, to date. Leahy laws would apply, and would be enforced, if the unit responsible
for the detainees were receiving U.S. assistance and DOD had credible information that the unit
had committed gross violations of human rights. However, foreign partners conducting
detention operations in Yemen do not receive U.S. assistance that would be subject to Leahy law.
Additionally, no waiver or exception has been granted to any U. S. partner under the DOD Leahy
law while conducting Operations in Yemen. Regardless Of Leahy applicability 1n Yemen, DOD
personnel have not Observed any indications of detainee abuse by foreign partners.

2
UNCLASSIFIED