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LAW OF WAR

LAW OF WAR. Unclassified. Unclassified. Action : Identify what actions are legal and what actions are illegal as they relate to the treatment of captured personnel. Condition : Given FM 27-10, Quick Reference to Geneva Convention, and the student handout.

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LAW OF WAR

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  1. LAW OF WAR Unclassified Unclassified

  2. Action: Identify what actions are legal and what actions are illegal as they relate to the treatment of captured personnel. Condition: Given FM 27-10, Quick Reference to Geneva Convention, and the student handout. Standards: IAW FM 27-10 to within 70% accuracy. Terminal Learning Objective

  3. Safety Requirements NONE Risk Assessment Level IV E-LOW Environment Considerations NONE Evaluation Student Checks Testable Block of Instruction Performance

  4. Sources of Law Initial Handling Captured Personnel Treatment of Captured Personnel Status of Captured Personnel Preventing War Crimes Procedure

  5. Customary Laws, 1625 Book International Treaties Hague Conventions, 1907 Geneva Conventions, 1949 FM 27-10, Law of Land Warfare Rules of Engagement UCMJ Sources of Law

  6. Handling of Surrendering Personnel? The 5 S’s Search, Silence, Segregate Safeguard, & Speed to the Rear Evacuation of Captives (GPW, Art. 19; FM 27-10, para. 95) Timely Evacuation, ASAP Delayed Evacuation Protection / Humane Treatment POW Camps (GPW, Art. 23; FM 27-10, para. 99) Security of POWs Markings of POW Camps Notification of Location of POW Camps Initial Handling of Captured Personnel

  7. Everyone is Entitled No Degrading or Humiliating Treatment Protected From Violence & Intimidation Shielded From Insults & Public Curiosity Given Respect for Their Persons & Honors No Reprisals Allowed Humane Treatment(GPW, Art. 13, 20, 27; FM 27-10, para. 88 - 96, 266)

  8. POWs “may NOT be threatened, insulted, or exposed to disadvantageous treatment of ANY kind.” Torture? “The infliction of intense pain to body or mind to extract a confession or information, or for sadistic pleasure.” “Free Will” Coercion? “Actions designed to unlawfully induce another to commit an act against one’s will.” Torture and Coercion(GPS, Art. 13,; GPW, Art. 13, 17; GC, Art. 31, 32;FM 24-10, para. 93; FM 34-52, p. 1-8)

  9. Electric Shock Pain Through Chemicals Pain Through Bondage Legitimate Use of Restraints to Prevent Escapes Forced to Stand, Sit, or Kneel in Abnormal Positions for Prolonged Periods of Time Food Deprivation Any Form of Beating Physical Torture(FM 34-52, p. 1-8)

  10. Mock Executions Abnormal Sleep Deprivations Chemically Induced Psychosis Mental Torture(FM 34-52, p. 1-8)

  11. Threatening or Implying Physical or Mental Torture to the Subject, His Family, or Others to Whom He Owes Loyalty. Intentionally Denying Medical Assistance or Care in Exchange for Information Sought or Other Cooperation. Threatening or Implying that Other Rights Guaranteed by the Geneva Conventions Will NOT be Provided Unless Cooperation is Forthcoming. Coercion(FM 34-52, p. 1-8)

  12. Required Regardless of Race, Religious Beliefs, Nationality, Political Opinions, or Other Distinctions Based on Similar Criteria. May Be Segregated in Order to Maintain Order in the Camp, to Impose Punishment, for Medical Reasons or Protection. Women must have separate facilities and be treated as favorably as men. Equal Treatment(GPW, Art. 16; FM 27-10, para 92)

  13. Questions?

  14. Retained Personnel Protected Personnel Prisoners of War (POWs) Status of Captured Personnel

  15. Medical Personnel (GPS, Art. 24; FM 27-10, para. 67, 68) Must Provide Medical Support Exclusively Includes Admin. Staff at Medical Unit NOT Medics, Combat Lifesavers, etc. (GPS, Art. 25, 29; FM 27-10, para. 68) Religious Personnel (GPS, Art. 24; FM 27-10, para. 112) Chaplains (GPS, Art. 24) NOT “NON-Chaplain” Ministers of Religion (GPS, Art. 36) Volunteer Aid Society Workers (GPS, Art. 26; FM 27-10, para. 69) Retained Personnel Status(GPW, Art. 33; FM 27-10, para. 67, 68)

  16. MUST Receive AT LEAST Same Benefits as POWs May ONLY Be Required to Perform Religious or Medical Duties May ONLY Be Retained as long as Required by Health & Spiritual Needs of POWs MUST Be Returned to Home Country When No Longer Needed Retained Personnel Rights(FM 27-10, para. 67 - 69, 230 - 232)

  17. Includes Civilian NON-Combatants & Unlawful Combatants in the Hands of a “Foreign Party” to the Conflict or Occupying Power. All Persons Who do NOT Qualify for POW Status who have Engaged in Hostile or Belligerent Conduct. If Unsure About a Captive’s Status? Treat captive as a POW until Article 5 Tribunal determines otherwise.(GPW, Art. 5; FM 27-10, para. 71) Protected Persons Status(GC, Art. 4, 5; FM 27-10, para. 247, 248)

  18. Humane Treatment (GPW, Art. 13, 20, 27; FM 27-10, para. 88 - 96, 266) Equal Treatment (GPW, Art. 16; FM 27-10, para. 92) Protect Women From Attacks on Their Honor. (Includes Protection From Rape, Forced Prostitution, & Indecent Assault) Protected Persons’ Rights (cont.)(FM 27-10, para. 266, 267, 270 - 273)

  19. Protection From: Being Taken Hostage. Being Used as Human Shields to Render Certain Areas Immune From Military Operations. Physical or Moral Coercion. Murder, Torture, Corporal Punishment, Mutilation, Medical Experiments, & ANY Other Forms of Brutality. Collective Penalties, Pillage, Reprisals, Intimidation, & Terrorism Protected Persons’ Rights (cont.) (FM 27-10, para. 266, 267, 270 - 273)

  20. Limited Rights to Leave No Immunity From Prosecution Can Be Screened & Identified for Intelligence Purposes Limitations on Protected Persons’ Rights (FM 27-10, para. 266, 267, 270 - 273)

  21. Questions?

  22. Identification Information (GPW. Art. 17; FM 27-10, para. 93) Required Information? Name, Rank, Service Number, DOB w/o Liable for Restriction of Privileges Identification Cards Do NOT question? Physically and/or Mentally Incapacitated (FM 27-10, para. 93) MUST be Cleared by Competent Medical Personnel Question POW in Language He Understands (FM 27-10, para. 93) Prisoner of War Initial Handling

  23. Category I - Below Sergeant Category II - All NCOs Category III - Warrant and Commissioned Officers below Major (Company Grade Officers) Category IV - Major through Colonel (Field Grade Officers) Category V - General Officers POW Categories(FM 27-10, para. 136)

  24. POW STATUS (GPW, Art. 4; FM 27-10, para. 61 - 66, 68, 70) • Regular Armed Forces Members • Irregular Armed Forces,Other Militias, or Volunteer Corps • Commander Responsible for Subordinates • Fixed Distinctive Sign/Insignia Recognizable at a Distance • Carry Arms Openly • Conduct Operations in Accordance with the Law of War

  25. Armed Forces NOT Recognized by a Detaining Power Civilians With an Armed Force (ID Card) Merchant Marine/Civil Aircraft Crew Members (Min.) Levee en Masse(GPW, Art. 4; FM 27-10, para. 61, 65) Armed Forces (Present & Past) of Occupied Country Lawful Combatants in the Hands of a Neutral Party POW STATUS (cont.) (GPW, Art. 4; FM 27-10, para. 61-66, 68, 70)

  26. Armed forces members who deliberately conceal themselves to pass behind enemy lines to gain military information or to wage war? Disguise, Retained Person Status To Be Disguised as an Enemy Soldier & Shoot at Enemy Targets is ILLEGAL. Article 5 Tribunal (GPW, Art. 5; FM 27-10, para. 71) Used to Determine Status NON-POW Status

  27. Spies (HR, Art. 29; FM 27-10, para. 75) Hague Convention (Annex IV) Clandestine False Pretense Intention of Communicate UCMJ, Article 106 w/i U.S. Control / Jurisdiction NON-POW Status (cont.)

  28. POWs MAY NOT Renounce Rights or Status (GPW, Art. 7; FM 27-10, para. 87) Protection / Humane Treatment (GPW, Art. 13, 20, 27; FM 27-10. para. 88 - 96, 266) Special Considerations for Women Minimally as Equal Treatment to Men (GPW, Art. 14; FM 27-10. para. 90) Separate Dormitories (GPW, Art. 25) Separate Latrines & Bathing Facilities (GPW, Art. 29) POW Rights

  29. Respect & Honor (GPW, Art. 14; FM 27-10. para. 90) Property (GPW, Art. 18; FM 27-10, para. 94) Quarters (GPW, Art. 25; FM 27-10, para. 101) Rations (GPW, Art. 26; FM 27-10, para. 102) Clothing (GPW, Art. 27; FM 27-10, para. 103) Hygiene, Sanitation, and Medical Attention (GPW, Art. 15, 29, 30; FM 27-10, para. 91,106 - 108) Human Evacuation (GPW, Art. 20; FM 27-10, para. 96) Protective Equipment(GPW, Art. 18; FM 27-10, para. 94) Killing of Prisoners (FM 27-10, para. 85) Other POW Rights

  30. Religion & Faith (FM 27-10, para. 110 - 113) Sending & Receiving Mail (GPW, Art. 71, FM 27-10, para. 147, 150, & 152) 2 Letters & 4 Postcards Monthly (Minimum) Postage Free Relief Packages (GPW, Art. 72; FM 27-10, para. 148 - 149) Identity Documents (FM 27-10, para. 148) Educational, Religious, or Recreational Materials (FM 27-10, para. 112 - 114) Access to Prisoner Representative (FM 27-10, para. 154 - 157) Other POW Rights (cont.)

  31. Questions?

  32. Must Follow ALL Camp Rules (FM 27-10, para. 117) Rules MUST BE Posted in Camp (In POW’s language) Each POW MUST BE Given a Copy of Rules (In POW’s language) POWs are Subject to the Same Laws, Regulations, Orders, & Penalties as Detaining Power’s Forces (FM 27-10, para. 158, 163) Detailed Punishments (FM 27-10, para. 158 - 184) POW Responsibilities

  33. May Utilize Physically Fit POWs for Labor (MUST take into account Age, Sex, Rank, & Physical Aptitude) OFFICERs? May NOT be required to work NCOs? May ONLY Be Required to Supervise JUNIOR ENLISTED? May Be Required to Work POW Labor(GPW, Art. 50; FM 27-10, para. 125 -129)

  34. General, NOT Excessive Lunch Hour Day of Rest 8 Days Annual Vacation POW Labor Duration (GPW, Art. 53; FM 27-10, para. 129)

  35. May NOT use POW Labor to Support Detaining Power’s War Effort MUST include Suitable Accommodations, Food, Clothing, and Equipment. May NOT be Inferior to Working Conditions of Detaining Power’s Nationals Performing the Same Work. No Dangerous or Humiliating Labor. POW Working Conditions (FM 27-10, para. 125 - 144)

  36. Pay for Labor (GPW, Art. 62; FM 27-10, para. 138) 1/4 of One Swiss Franc per Full Work Day Mar “2000” = $0.15 Monthly Advance (GPW, Art. 60; FM 27-10, para. 136) Category I - Below Sergeant = 8 Swiss Francs Category II - All NCOs = 12 Swiss Francs Category III - Warrant & Commissioned Officers below Major (Company Grade Officers) = 50 Swiss Francs Category IV - Major through Colonel (Field Grade Officers) = 60 Swiss Francs Category V - General Officers = 75 Swiss Francs POW Wages

  37. Successful Escape (GPW, 91) Rejoins His or Ally’s Forces Leaves Detaining Power’s or Detaining Power’s Ally’s Territory Entering Neutral County? Still Held as POW by Neutral Country Unsuccessful Escape (GPW, 92 - 94; FM 27-10, para. 169) Disciplinary Punishment for Escape Judicial Punishment for Violence to Life or Limb or Unjust Enrichment Escape

  38. MUST Use Least Extreme Means Yelling Halt Recapturing Use of Weapons (FM 27-10, para. 118) Considered to be an Extreme Measure MUST Warn Before Using Weapons Aim to Disable and NOT to Kill Aiders and Abettors receive only disciplinary punishment for helping Preventing Escape

  39. Preventing War Crimes

  40. ANY Violation of the Law of War Committed by ANY Person During an Armed Conflict (GC, Art. 146; GPW, Art. 129; GPS, Art. 49; FM 27-10, para. 498, 499) Two Types of War Crimes Grave Breaches? (GC, Art. 147; GPW, Art. 130; GPS, Art. 50; FM 27-10, para. 502) Includes Torture, Willfully Depriving a Person of a Trial Simple Breaches? (FM 27-10, para. 504) Includes Forcing a POW to Perform Prohibited Labor War Crimes

  41. All Nations MUST Suppress War Crimes Obligation Facilitated by: Universal Jurisdiction Over All War Criminals No Statute of Limitations on War Crimes Grave Breaches - MUST Prosecute or Extradite to a Country Who Will Prosecute Simple Breaches - MUST Take Steps to Prevent Recurrence Nation’s Obligation to Suppress War Crimes(GPS, Art. 49; GPW, Art. 129, GC, Art. 146; FM 27-10, para. 506, 507)

  42. CDRs Can Be Criminally Liable for War Crimes If They: Ordered the War Crime, Knew About the War Crime BUT Did Nothing to Stop it, or The CDR Should Have Known of the Crime and Did NOT Act to Stop it. Commanders Also Have a Duty to Investigate War Crimes Promptly Commanders’ Duties & Responsibilities

  43. Watch for Evidence of Prior Abuse Document & Report any Suspicions of Prior Abuse You MUST Report Violations & Suspected Violations of Laws of War as Serious Incidents. Responsible for Own Acts or Omissions which Violate Law of War Must NOT Obey Unlawful Orders If Soldier Receives Unlawful Order, Soldier Should Try to Prevent the Order From Being Carried Out Soldier’s Duties and Responsibilities

  44. Clarify Unclear Orders If the Order is Illegal, The Soldier MUST State So Use Moral Arguments Threaten to Report the Act Ask the Senior Soldier to Stop the Act Refuse to Obey the Order If the Order is NOT Withdrawn, or the Act IS Committed, Report Incident or Order Dealing With Illegal Orders

  45. MUST Report All Observed & Suspected War Crimes as Serious Incidents (AR 190-40) Report to Chain of Command Chain of Command is Implicated? Report to JAG, IG, Chaplain, or Provost Marshal Duty to Report War Crimes

  46. Enemy War Crimes Can Be the Basis for Legitimate Reprisals. Publishing Enemy War Crimes Can Be Used to Influence Public Opinion, Including Soldier’s, Against the Enemy. Reporting Allied War Crimes Helps us follow Geneva Convention Rules on Transferring Captives Reasons for Reporting War Crimes

  47. Impersonate Chaplains, Medical Personnel, or Volunteer Aid Society Personnel (e.g., Red Cross Personnel) Interrogate an injured or ill POW UNTIL Receiving a Medical Release Specifically for Questioning Delay Evacuation of a POW in a Danger Zone for the Purposes of Interrogation HUMINT Collectors Must NOT:

  48. Report Suspected War Crimes Encountered during the Course of Their Duties Conduct Yourself in a Professional Manner When Dealing with POWs, Taking into Consideration the Rank & Status of the POW Ensure Your Security & That of the POW HUMINT Collectors MUST:

  49. Questions?

  50. Sources of Law. Captured Personnel Initial Handling. Define POWs, Retained Personnel, & Protected Persons. Treatment of POWs. Treatment of Retained Personnel. Treatment of Protected Persons. Preventing War Crimes. Summary

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