Future of Detention Operations

  • Colonel Kenneth J. Tauke

This paper provides historical overview of confinement during war, examines the genesis and guiding international law of detention operations, and reviews the detention processes utilized during Operation Iraqi Freedom (OIF), Operation Enduring Freedom (OEF) in Afghanistan, and the detention facility in Guantanamo Bay, Cuba. This paper addresses four questions in regards to the future of detention operations. First, when the United States captures a high-value target, what type of prosecution is pursued? Second, where and how will the individuals be detained and what type of review processes should be utilized? Third, what will be the status of the individuals detained? Fourth, should one federal agency remain the executive agent for detention of non- US citizens who wage war against the United States. Finally, the papers offers a strategic Detainee Disposition Process.