United States of America
Practice Relating to Rule 88. Non-Discrimination
Section D. Persons deprived of their liberty
The US Field Manual (1956) provides: “All POWs [prisoners of war] shall be treated alike without any adverse distinction based on race, nationality, religious belief or political opinions, or any other distinction founded on similar criteria.”
The US Air Force Pamphlet (1976) prohibits any adverse distinction with regard to prisoners of war.
The US Naval Handbook (1995) provides: “When prisoners of war are given medical treatment, no distinction among them will be based on any grounds other than medical ones.”
The US Naval Handbook (2007) states: “Humane treatment is … [to] be afforded to all detained persons without adverse distinction based on race, color, religion or faith, sex, birth or wealth, or any other similar criteria”.
The Handbook also states: “When prisoners of war are given medical treatment, no distinction among them will be based on any grounds other than medical ones.”
The US Manual on Detainee Operations (2008) states:
DODD 2310.01E [Department of Defense Directive, The Department of Defense Detainee Program] requires that all DOD [Department of Defense] personnel and contractors will apply, without regard to a detainee’s legal status, at a minimum, the standards articulated in Common Article 3 to the Geneva Conventions of 1949 …
Article 3 Common to the Geneva Conventions of 1949
In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:
(1) Persons taking no active part in the hostilities … shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
The manual also states:
The detaining power is … prohibited from imposing any adverse distinctions within the detainee population based on religion. In this regard, it should be noted that in some situations, segregating the detainee population based on religious affiliation may be beneficial and therefore not prohibited, particularly when conflict has been based in part on religious affiliation.