Army Enemy Prisoner of War and Detainee Guide

Army Enemy Prisoner of War and Detainee Guide. Includes Legal Obligations to EPW and list of definitions

Sunday, April 17, 2005

EPW I Detainee Guide

SEARCH for \\,Nlpons, documents. After thorough senrch, person must be ullo'wed to

mili11 tilin:
-Protective clothing -helmet -nmk -personal items (je,velry, 'watch, pictures)
-Shoes or shoe hlCes -ID card -w~)llet -ruckS.1Ck / lucr~Ta.'fee.-b ~

-Secure all other items for 8-2 for exploitation (maps, orders, dingnulls, etc.)

SILENCE do not ~lllow detainees to b1lk to each other. Gag only whellllecessary, and pay
CLOSE Mtentioll to these individuals.

SEGREGATE the detainees by rank, sex, military from civilian, hostile from cooperative,
SAFEGUARD detainees from danger on the blttlefield, and from any reprisl:)b b~' U.S.
Forces or other deti)inees. It is our obligation to protect them froIl1 harm.

SPEED ensure nil detainees are evacu) ted to collection points in timely IlHlIluet-, given the
tactical and logistical situation.

TAG ensure all items fouud on detainee "we recorded and placed in the Sl:lllle bag, along vdth a Clpture tag. Do not alIo\'\ detainees to "ster-ilize" themselves by throwing ,nvay notebooks, money, cell phones, etc! Plnce one tlg 011 detainee, one ,vith gem", ::Illd l-etaill one for records. This will also serve as 11 temporary receipt for the confiscated gear.
ENSURE the following i:; on capture tflg:
1. DTG of c~IJlture 2_ Place (If capture (grids, to"vn, street corners, specific bldg, etc}

3. Circumstances of capture (gave up without ~l fight, fought bHlvely, Hill fnv.))', comforting dying comrades 4. ALL docllments / items fouud b:v cllpturing unit

Legal Obligations to EPW I
A.ll EP\V is a n0I1-combat17ll1t, and you are obligated to protect him from the effects of the battlefield. The captive in your lumds must be dislolrmed, secured, fllld wHtched, but he must ::tlso be tre;;lted at nIl times like a human being. He must not be tortured, killed, or degnlded.
You ARE permitted to use the minimum ;H11011nt of force necessar~' to Il1flke the detfJinee comply with instructions and to fissure the safety of yourself, your fello,,,, Soldiers, and other prisoners.
It is dishononlb·le and foolish to miitrent fl captive. It is also punishilble under il1tenUltional tretlty (which is Federal Law) and the lTCM,J. Also remember that commanders are-ultima tely responsible for the conduct of their troops!!!
The captive sllved may possess valuable-intelligence. In any case, he is prote-cted under the Genen) COllventions lnd luts 1) right to medic17.J treatment. Enelll)' medic;:)l persollnel can provide medical care for EPvys. Daily food and \vater rations must be provided in order to prevent ,"veight loss or nutritional deficiencies.
ALL DETAINEES ARE CONSIDERED EP1V'S AT OlTRLE\7EL All detainees ,,,ill be gh'en the protected status of lHl EP,\V. An EP,\V or detainee cmmot renounce his status, or ~"'I'itch sides to tight for the O.s.
DOD 002617


: ~... '

EPW Matrix & Definitions

0 0
(J) --.
l o o
C") o
Article 5 Tribunal -U,S, policy is to convene a 3' member panel which will make a factual determination of the status ofthe detainee. The panel does not determine punishment. It is also U.S. policy to treat all detainees with the same status as EPWs until their status has been determined.
Capture Card -A baseline ofrecorded data that should be maintained about an EPW. The recommended form contains fourteen (14) items: (1) power on which the prisoner depends, (2) name, (3) first names (in full), (4) first name of father, (5) date of birth, (6) place of birth, (7) rank, (8) service number, (9) address of next of kin, (10) taken prisoner on: (or) coming from (camp number, hospital), (11) (a) good health (b) not wounded (c) recovered (d) convalescent (e) sick (f) slightly wounded (g) seriously wounded, (12) present address is: [prisoner number and name of camp], (13) date, and (14) signature. Prisoners are only required to fill in items two, three, five, seven, and eight. If, for example, the prisoner is concerned that his family may suffer repercussions due to his capture or surrender, he is not required to provide his father's name or address of next of kin. GPW Article 70.
Clothing -Adequate clothing must be provided considering climate, EPWs may use their own uniforms.
Compensation -The detaining power shall grant all EPWs a monthly advance of pay based upon their rank. Article 60 of GPW establishes the amounts. EPWs shall also be paid for their labor, special skills, or services, at least one Swiss franc for a day's worth or labor. Labor rates should be established prior to the commencement oflabor activities. EPWs can also receive monies from abroad, and may send their monies abroad. The detaining power can maintain control of the money by creating accounts for each EPW. Payments by the detaining power can be in the form of credits to the EPWs account.
Detainees -Persons in custody who have not been classified as an EPW, RP, or CL All detainees shall be treated as EPWs until a legal status is ascertained by
competent authority, such as an Article 5 TribunaL
Detaining Power -Party who secures capture of EPW and thus gains responsibility for their treatment and security under the Geneva Convention,
En~my Prisoner of War -A detained person as defined in Articles 4 and 5 of the Geneva Convention Relative to the Treatment of Prisoners of War of August 12,
1949. In particular, one who, while engaged in combat under orders of his or her government, is captured by the armed forces of the enemy. As such, he or she is
entitled to the combatant's privilege of immunity from the municipal law of the capturing state for war like acts which do not amount to breaches of the law of armed
conflict. A prisoner of war may be, but is not limited to, any person belonging to one ofthe following categories who has fallen into the power of the enemy: a
member of the armed forces, organized militia or volunteer corps; a person who accompanies the armed forces without actually being a member thereof; a member
of a merchant marine or civilian aircraft crew not qualifying for more favorable treatment; or individuals who, on the approach of the enemy, spontaneously take up
anns to resist invading forces,

EPW Branch Camp -A subsidiary camp under supervision and administration of the main EPW camp.
EPW Camp -A camp set up by the U.S, Army for the separate internment and complete administration ofEPWs. Camps shall not be located near military targets
and should be clearly marked with the letters PW, PG, or other recognizable and visible marking.
Food Accommodations -Basic food rations shall be sufficient in quantity, quality, and variety to keep EPWs in good health while preventing the loss of weight or
development of nutritional deficiencies. Account shall be taken for the habitual diet of the EPW, therefore no pork MREs or meals should be fed to Muslims, EPWs
may use their own foodstocks and prepare their own food.

GPW -Geneva Convention Relative to the Treatment of Prisoners of War. August 12, 1949 (GENEV A CONVENTION III). Entry into Force: 21 October 1950
.;~ o
o o
w o
ID Cards -Identification cards are only required to contain name, rank, serial number, and date of birth. The Convention also allows a party to place any other
information that it wishes on the card and specifically mentions the owner's signature or fingerprints as examples. The EPW must keep the ID Card in his possession
at all times. As far as possible, the card should measure 6.5 X 10 cm. GPW Article 17.

Mail-No later than one week after capture, an EPW shall be able to write directly to his family, and shall also be entitled to receive mail. At a minimum, the
capture card shall be mailed to notify the family. The detaining party can limit mail to 2 letters and 4 cards each month. No postage is required. Telegrams may
also be permitted. Censorship with all communications is authorized, but must be conducted as quickly as possible.

Medical Care -The GPW requires that all wounded and sick shall be collected, cared for, and generally provided humane treatment. Medical inspections must be
conducted at least once a month. GPW also requires that EPWs suffering from serious disease or injury must be admitted to a medical unit that can provide such
care. In addition to these protections, the Geneva Convention for the Amelioration of the Condition of Wounded and Sick in Armed Forces in the Field (GWS)
mandates any wounded and sick shall be collected and cared for, and futhermore encourages paliies to search for the wounded and sick on the battlefield.

Military Activities -Activities intended primarily or exclusively for military operations as contrasted with activities intended primarily or exclusively for other

Military Nature -Term that applies to. those items or those types of construction that are used exclusively by members of the Armed Forces for operational
purposes (e.g., arms, helmets). The purposes are in contrast to items or structures that may be used either by civilian or military.

Parole -Parole is used in the international law sense of releasing a prisoner of war (PW) in return for a pledge not to bear arms.
Personal Effects -An EPW shall be allowed to retain personal effects. Personal effects the EPW may retain include the following:
Clothing. .

Mess equipment (knives and forks excluded)

Badges of rank and nationality.


Identification cards or tags.
f Religious literature.

Articles that are of a personal use or have a sentimental value to the person.

Protective mask.

Prisoner of War Information Center (PWIC) -A TOE organization established to collect information pertaining to EPW, RP and CI and to transmit such
information to the National.Prisoner of War Information Center.

Protection -Protection from violence, {ntimidation, insults, and public curiosity. This includes protection on the battlefield and intrusions from the press.
Relief Agency -A non-governmental agency such as the International Committee for the Red Cross or Doctors Without Borders.
Religious -EPW's shall have complete latitude in practicing their religious faith and may be attended to other EPWs.
"" N
o o
Repatriation -Releasing an EPW back to his host nation. EPW must be repatriated as soon as hostilities end. However, the Detaining power cannot force an EPW C"'l
to repatriate. Also, repatriation is required before cessation of hostilities for: ~

Seriously sick and wounded EPSs whose recovery is expected to take more than 1 year (Art. 110, GPW); *

Incurably sick and wounded (Art. 110, GPW); or *

Permanently physically or mentally disabled (Art. 110, GPW)

* No sick or wounded EPW may be repatriated against his will.
* * Retained personnel are to be repatriated as soon as they are no longer needed to care for the prisoners of war.

Reporting Requirements -The name, rank, date of birth, and service number. The detaining power has a duty to report, if available, the following additional
information: father's first name, mother's maiden name, name and address of person to be notified, name of camp and postal address, information regarding transfers,
releases, repatriations, escapes, admissions to hospitals, deaths, and information about the prisoner's state of health. Ofthese items, the only information that the
prisoner is not under a duty to provide and may not be readily available to the detaining power is the information about the next of kin. If a prisoner is concerned for
the safety of his or her family, the prisoner is not required to provide this information. GPW Article 122.
Retained Personnel -Enemy personnel who come within any of the categories below are eligible to be certified as retained personnel (RP).
Q. Medical personnel who are members of the medical service of their armed forces.
b. Medical personnel exclusively engaged in the­e1 ) Search for, collection, transport, or treatment of, the wounded or sick.

Prevention of disease.

Staff administration of medical units and establishments exclusively.

c . Chaplains attached to enemy armed forces
d Staff of National Red Cross societies and other voluntary aid societies duly recognized and authorized by their governments. The staffs of such societies must be
subject to military laws and regulations.

Of note, retained status is not limited to doctors, nurse, corpsman, etc. It also includes, for example, the hospital clerks, cooks, and maintenance workers.

* Retained personnel are to be repatriated as soon as they are no longer needed to care for the prisoners of war.
Shelter -EPWs may be interned only on land and afforded every guarantee of hygiene and healthfulness. Except in rare cases, they shall not be interned in
penitentiaries. EPWs interned in unhealthy or dangerous areas shall be removed as soon as possible to a more favorable location.