Detention of persons by international military forces in their operations is governed by the following rules : they may hold detainees for only 96 hours ; the International Committee of the Red Cross must be informed ; after 96 hours , detainees are to be either released or transferred to the Afghan authorities , generally , the National Department of Security ( NDS ) . Some countries have signed Memorandums of Understanding ( MoUs ) with the Government regulating the transfer of such detainees and have obtained diplomatic assurances regarding their treatment , including that no transferee will be subject to the death penalty .