US Uses Inhumane Treatment with Persons Held in Custody

This background paper highlights the international law issues surrounding the status and treatment of Taliban and al-Qaeda fighters from Afghanistan in U.S. custody. It cites the need for a formal and individualized determination of prisoner of war status where that status is in doubt. This paper also sets out international law requirements governing prisoners of war and so-called "unlawful combatants," including humane treatment, interrogation and prosecution.