What procedures do US forces have to follow when arresting non-combatants?

Question

For example, a looter in Iraq. Or anyone else guilty of a normal criminal offence in a war zone. Do they get read their rights, or a version of them? Where do they get taken? If there's no civilian law enforcement to hand them over to, what happens to them?

Answer 1

The ROE (rules of engagement) are different for every base, but the basic rule for non-combatants is to not kill them

Answer 2

No, they do not get read their rights. Usually during times of war, as is the case currently in Iraq, Martial law is declared in combat areas. This means that normal due process is halted and the military, even the foreign troops, have the right to arrest common criminals. This is true in pretty much any country; in the U.S. during the Civil War, the right to a trial was suspended by Lincoln. In Iraq, they are handed over to Iraqi authorities and placed in the Ministry of the Interior prisons. In general, POWs and common criminals are kept in separate facilities, though this is not always the case. If there is no civilian force to hold people, then they are usually kept by the Military Police until such an authority can be arranged.

Answer 3

Generally - if the US military apprehends an Iraqi criminal they will simply detain them long enough for the Iraqi police get there. Once the Iraqi police arrive our troops simply become witnesses and the Iraqi criminal justice system takes over.

If an insurgent is apprehended we are required to collect evidence as to why we feel that this person is an insurgent (collect the weapons, take pictures and write statements) then we have to have that person in front of an Iraqi judge within 24 hours. For this reason we generally find it easier to take Iraqi police along with us on raids. This way our troops can concentrate on the fighting and the Iraqi police can take care of the paperwork and legal requirements.