jus mil
TRANSCRIPT
-
7/28/2019 Jus Mil
1/13
LAW OF WAR
Unclassified
Terminal Learning Objective
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.
Procedure
Sources of Law
Initial Handling Captured Personnel
Treatment of Captured Personnel
Status of Captured Personnel
Preventing War Crimes
Sources of Law
Customary Laws, 1625 Book
International Treaties
Hague Conventions, 1907
Geneva Conventions, 1949
FM 27-10, Law of Land Warfare
Rules of Engagement
-
7/28/2019 Jus Mil
2/13
UCMJ
Initial Handling of
Captured Personnel
Handling of Surrendering Personnel?
The 5 Ss
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
Humane Treatment(GPW, Art. 13, 20, 27; FM 27-10, para. 88 - 96, 266)
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
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)
POWs "may NOT be threatened, insulted, or exposed to disadvantageous treatment ofANYkind."
Torture?
"The infliction of intense pain to body or mind to extract a confession or information, or for
-
7/28/2019 Jus Mil
3/13
sadistic pleasure." "Free Will"
Coercion?
"Actions designed to unlawfully induce another to commit an act against ones will."
Physical Torture(FM 34-52, p. 1-8)
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
Mental Torture
(FM 34-52, p. 1-8)
Mock Executions
Abnormal Sleep Deprivations
Chemically Induced Psychosis
Coercion
(FM 34-52, p. 1-8)
Threatening or Implying Physical or Mental Torture to the Subject, His Family, or Others toWhom He Owes Loyalty.
Intentionally Denying Medical Assistance or Care in Exchange for Information Sought or OtherCooperation.
Threatening or Implying that Other Rights Guaranteed by the Geneva Conventions Will NOT beProvided Unless Cooperation is Forthcoming.
Equal Treatment
(GPW, Art. 16; FM 27-10, para 92)
Required Regardless of Race, Religious Beliefs, Nationality, Political Opinions, or OtherDistinctions Based on Similar Criteria.
May Be Segregated in Order to Maintain Order in the Camp, to Impose Punishment, for Medical
-
7/28/2019 Jus Mil
4/13
Reasons or Protection.
Women must have separate facilities and be treated as favorably as men.
Questions?
Status of Captured Personnel
Retained Personnel
Protected Personnel
Prisoners of War (POWs)
Retained Personnel Status
(GPW, Art. 33; FM 27-10, para. 67, 68)
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 Rights
(FM 27-10, para. 67 - 69, 230 - 232)
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
Protected Persons Status
(GC, Art. 4, 5; FM 27-10, para. 247, 248)
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
-
7/28/2019 Jus Mil
5/13
Conduct.
If Unsure About a Captives Status?
Treat captive as a POW until Article 5 Tribunal determines otherwise. (GPW, Art. 5; FM 27-10,para. 71)
Protected Persons Rights (cont.)
(FM 27-10, para. 266, 267, 270 - 273)
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, ForcedProstitution, & Indecent Assault)
Protected Persons Rights (cont.)(FM 27-10, para. 266, 267, 270 - 273)
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 Formsof Brutality.
Collective Penalties, Pillage, Reprisals, Intimidation, & Terrorism
Limitations on Protected Persons Rights
(FM 27-10, para. 266, 267, 270 - 273)
Limited Rights to Leave
No Immunity From Prosecution
Can Be Screened & Identified for Intelligence Purposes
Questions?
Prisoner of War Initial Handling
Identification Information (GPW. Art. 17; FM 27-10, para. 93)
Required Information?
Name, Rank, Service Number, DOB
-
7/28/2019 Jus Mil
6/13
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)
POW Categories
(FM 27-10, para. 136)
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
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
NON-POW Status
Armed forces members who deliberately conceal themselves to pass behind enemy lines to gainmilitary 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)
-
7/28/2019 Jus Mil
7/13
Used to Determine Status
NON-POW Status (cont.)
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
POW Rights
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)
Other POW Rights
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)
-
7/28/2019 Jus Mil
8/13
Killing of Prisoners (FM 27-10, para. 85)
Other POW Rights (cont.)
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)
Questions?
POW Responsibilities
Must Follow ALL Camp Rules (FM 27-10, para. 117)
Rules MUST BE Posted in Camp (In POWs language)
Each POW MUST BE Given a Copy of Rules (In POWs language)
POWs are Subject to the Same Laws, Regulations, Orders, & Penalties as Detaining PowersForces (FM 27-10, para. 158, 163)
Detailed Punishments (FM 27-10, para. 158 - 184)
POW Labor
(GPW, Art. 50; FM 27-10, para. 125 -129)
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?
-
7/28/2019 Jus Mil
9/13
May Be Required to Work
POW Labor Duration (GPW, Art. 53; FM 27-10, para. 129)
General, NOT Excessive
Lunch Hour
Day of Rest
8 Days Annual Vacation
POW Working Conditions
(FM 27-10, para. 125 - 144)
May NOT use POW Labor to Support Detaining Powers War Effort
MUST include Suitable Accommodations, Food, Clothing, and Equipment.
May NOT be Inferior to Working Conditions of Detaining Powers Nationals Performing theSame Work.
No Dangerous or Humiliating Labor.
POW Wages
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) = 50Swiss Francs
Category IV - Major through Colonel (Field Grade Officers) = 60 Swiss Francs
Category V - General Officers = 75 Swiss Francs
Escape
Successful Escape (GPW, 91)
Rejoins His or Allys Forces
-
7/28/2019 Jus Mil
10/13
Leaves Detaining Powers or Detaining Powers Allys 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
Preventing Escape
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 War Crimes
War Crimes
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
Nations Obligation to Suppress War Crimes
(GPS, Art. 49; GPW, Art. 129, GC, Art. 146; FM 27-10, para. 506, 507)
All Nations MUST Suppress War Crimes
-
7/28/2019 Jus Mil
11/13
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
Commanders Duties & Responsibilities
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
Soldiers Duties and Responsibilities
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 BeingCarried Out
Dealing With Illegal Orders
Clarify Unclear Orders
If the Order is Illegal, The SoldierMUST State So
Use Moral Arguments
Threaten to Report the Act
Ask the Senior Soldier to Stop the Act
Refuse to Obey the Order
-
7/28/2019 Jus Mil
12/13
If the Order is NOT Withdrawn, or the Act IS Committed, Report Incident or Order
Duty to Report War Crimes
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
Reasons for Reporting
War Crimes
Enemy War Crimes Can Be the Basis for Legitimate Reprisals.
Publishing Enemy War Crimes Can Be Used to Influence Public Opinion, Including Soldiers,Against the Enemy.
Reporting Allied War Crimes Helps us follow Geneva Convention Rules on TransferringCaptives
HUMINT Collectors Must NOT:
Impersonate Chaplains, Medical Personnel, or Volunteer Aid Society Personnel (e.g., Red CrossPersonnel)
Interrogate an injured or ill POW UNTIL Receiving a Medical Release Specifically forQuestioning
Delay Evacuation of a POW in a Danger Zone for the Purposes of Interrogation
HUMINT Collectors MUST:
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
Questions?
Summary
Sources of Law.
Captured Personnel Initial Handling.
Define POWs, Retained Personnel, & Protected Persons.
-
7/28/2019 Jus Mil
13/13
Treatment of POWs.
Treatment of Retained Personnel.
Treatment of Protected Persons.
Preventing War Crimes.
Law of War