EXCERPTS FROM US ARMY FIELD MANUALS

FM 27-10  The Law of Land Warfare

http://www.adtdl.army.mil/cgi-bin/atdl.dll/fm/27-10/toc.htm


CHAPTER 3

PRISONERS OF WAR

Section I. PERSONS ENTITLED TO BE TREATED AS PRISONERS OF WAR; RETAINED MEDICAL
PERSONNEL

60. General Division of Enemy Population

The enemy population is divided in war into two general classes:

a. Persons entitled to treatment as prisoners of war upon capture, as defined in
Article 4, GPW (par. 61).

b. The civilian population (exclusive of those civilian persons listed in GPW,
art. 4), who benefit to varying degrees from the provisions of GC (see chs. 5
and 6 herein).

Persons in each of the foregoing categories have distinct rights, duties, and
disabilities. Persons who are not members of the armed forces, as defined in
Article 4, GPW, who bear arms or engage in other conduct hostile to the enemy
thereby deprive themselves of many of the privileges attaching to the members of
the civilian population (see sec. II of this chapter).


70. Enumeration Not Exhaustive

The enumeration of persons entitled to be treated as prisoners of war is not
exhaustive and does not preclude affording prisoner-of-war status to persons who
would otherwise be subject to less favorable treatment.


71. Interim Protection

a. Treaty Provision.

The present Convention shall apply to the persons referred to in Article 4 from
the time they fall into the power of the enemy and until their final release and
repatriation.

Should any doubt arise as to whether persons, having committed a belligerent act
and having fallen into the hands of the enemy, belong to any of the categories
enumerated in Article 4, such persons shall enjoy the protection of the present
Convention until such time as their status has been determined by a competent
tribunal. (GPW, art. 5.)

b. Interpretation. The foregoing provision applies to any person not appearing
to be entitled to prisoner-of-war status who has committed a belligerent act or
has engaged in hostile activities in aid of the armed forces and who asserts
that he is entitled to treatment as a prisoner of war or concerning whom any
other doubt of a like nature exists.

c. Competent Tribunal. A "competent tribunal" of the United States for the
purpose of determining whether a person of the nature described in a above is or
is not entitled to prisoner-of-war status is a board of not less than three
officers acting according to such procedure as may be prescribed for tribunals
of this nature.

d. Further Proceedings. Persons who have been determined by a competent tribunal
not to be entitled to prisoner-of-war status may not be executed, imprisoned, or
otherwise penalized without further judicial proceedings to determine what acts
they have committed and what penalty should be imposed therefore.

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FM 19-20
LAW ENFORCEMENT INVESTIGATIONS


CH. 1, THE INVESTIGATOR'S PURVIEW

Military law enforcement investigations are official inquiries into crimes
involving the military community. As a military investigator you will conduct
systematic and impartial investigations to uncover the truth. You will seek to
determine if a crime has been committed and to discover evidence of who has
committed it. You will find, protect, collect, and preserve evidence discovered
at the crime scene or elsewhere. You will document your findings and your
actions with careful records. You will ensure evidence is accounted for by a
complete chain of custody to allow it to be admissible in court. You will
conduct interviews and interrogations in a manner that ensures depositions,
statements, admissions, and confessions can be accepted in court. And as a
professional fact-finder you will maintain unquestionable integrity in the
course of undertaking your investigations. Your charter is to impartially find,
examine, and make available evidence that will clear the innocent and allow
prosecution of the guilty.

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FM 3-19.4
MILITARY POLICE LEADERS' HANDBOOK


INTERNMENT AND RESETTLEMENT

1-11. The I/R function consists of those measures necessary to provide shelter,
sustain, guard, protect, and account for people (enemy prisoners of war [EPWs]
and civilian internees [CIs], US military prisoners, and dislocated civilians
[DC]). The task areas that support I/R include--

    * EPW and CI handling.

    * Populace and resource control.

    * US military prisoner confinement.

    * DCs control.

1-12. The international community, media, and public perceptions have increased
sensitivity to the protection of human rights and the need for absolute
accountability of interned, detained personnel, and refugees in military
operations. Refer to Chapter 7 for more information about I/R.


BATTLE SPACE

2-71. As mentioned earlier, an accurate picture of the battlefield provides the
platoon leader with important tactical information, including friendly and enemy
positions and relevant terrain. In turn, complete understanding of the military
significance of this picture requires knowledge of the concept of battle space,
the key element in the intellectual process of visualizing the battlefield.

2-72. At the most fundamental level, battle space is the three-dimensional
bubble or area in which the platoon can acquire enemy forces and influence them
with effective fires. This space is defined by the following numerous
battlefield factors:

The locations of the friendly forces, including the platoon's individual teams,
OPs, and patrols.

The effects of the terrain, weather, and movement.

The ranges of all the available platoon weapons and sensing systems.

2-73. Each squad has its own battle space; the platoon battle space is the sum
of the individual squads battle spaces. Platoon battle space is not restricted
by boundaries; it can overlap with the battle space of adjacent units. For
example, an enemy element that is spotted outside of the platoon's AO can still
adversely affect the platoon's mission. Coordination is made with adjacent units
to detect and destroy the threat.

2-74. Battle space has applications in all phases of mission planning and
execution. During the planning process, it is a critical factor in selection of
the routes and tentative positions. Once mission execution begins, the platoon
leader's knowledge of the battle space is critical to issuing timely and
effective orders as the situation changes.

2-75. The importance of battle space demands that the platoon leader direct most
of his battle command effort toward managing and enhancing his space. He must be
aware at every moment how battle space is changing as friendly and enemy forces
move and terrain and visibility conditions change. He must evaluate how these
changes affect his squads.

2-76. As the operation progresses, the platoon leader must take active measures
to shape the battle space to his best advantage. One vital step in this process
is to eliminate any gaps, or dead space, that exist within the bubble. The
platoon leader can accomplish this in several ways, including maneuvering teams,
repositioning OPs, and deploying patrols or remote sensors.



Chapter 7

Internment and Resettlement

I/R consist of those measures necessary to guard, protect, and account for
people that are captured, detained, confined or evacuated by US forces. In any
military operation involving US forces, accountability and the safe and humane
treatment of detainees are essential. US policy demands that all persons who are
captured, interned, evacuated, or held by US forces are treated humanely. This
policy applies from the moment detainees become the responsibility of US forces
and continues until the time they are released or repatriated.

(Refer to the Geneva Conventions and AR 190-8, AR 190-14, AR 190-47, FM 3-19.40,
and FM 27-10.)

OVERVIEW

7-1. The task areas that support the I/R function are EPW and CI handling, US
military prisoner handling, and populace and resource control.

7-2. Captured, detained, and protected persons fall into several different
categories that include the following:

Enemy prisoners of war. EPWs are members of an enemy armed force or militia who
must be guarded to prevent escape.

Civilian internees. CIs are persons who have committed an offense against or
poses a threat to friendly forces and must be guarded to prevent escape, but are
kept separate from the EPWs.

Dislocated civilian. DCs are persons that have been removed from their home
because of war, disaster, or other reasons. They may be refugees, evacuee,
stateless persons, or war victims. DCs are provided sustenance, safety, and
humanitarian assistance. They are kept separate from EPWs and CIs. DCs are
controlled to prevent interference with military operations and to protect them
from combat or to relocate them to safety. DC operations are discussed later in
this chapter.

US military prisoner. US military prisoners are members of the US armed forces
being confined, awaiting trial, or waiting transportation to a confinement
facility outside the AO. They must be guarded to prevent escape and cannot be
confined in immediate association with EPWs and CIs, detainees, or other foreign
nationals who are not members of the US armed forces. Refer to FM 3-19.40 for
more information about field confinement of US military prisoners.

7-3. EPWs are more specifically defined in FM 3-19.40 and the Geneva Convention
Relative to the Treatment of Prisoners of War, August 1949


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FM 3-19.40
MILITARY POLICE INTERNMENT/ RESETTLEMENT OPERATIONS

2-45. The inspector general (IG) is located in the brigade. He:

[...]

Reports allegations of war crimes (from protected personnel or US soldiers)
through the chain of command to the SJA or the United States Army Criminal
Investigation Command (USACIC). The responsibility for investigating alleged war
crimes rests with the SJA and the criminal investigation division (CID), not the
IG.


CLASSIFICATION AND REASSIGNMENT

4-30. The initial classification of an EPW is based on unsupported statements or
documentation provided by them. Assignment to a specific compound within the
internment facility is based on the assumption that the identity provided by the
EPW is correct.

4-31. After an EPW is assigned to a facility, expect a continuing need for
further reclassification and reassignment. Because the identity of the EPW was
based on unsupported statements or documentation supplied by him, it may be
necessary to reclassify him a second time as his identity becomes apparent.
Agitators, enemy plants, or EPW leaders are eventually uncovered by their
activities. They may be reclassified according to their new identity or ideology
and reassigned to a more appropriate facility.

4-32. Anticipate the reclassification and reassignment of EPWs within the
facility or to other facilities. The initial classification may be challenged by
the EPW or MP assets. An individual may provide statements or documents that
indicate he should be reclassified, or observations made by MP or MI may
determine that an individual was incorrectly classified.


TRIBUNAL

4-33. A tribunal is held according to Article 5, GPW. It determines the status
of an individual who does not appear to be entitled to EPW status but:

    * Commits a belligerent act to aid enemy armed forces.

    * Engages in a hostile activity to aid enemy armed forces.

    * Asserts that he or she is entitled to treatment as an EPW.


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