Army Memo re: Handling Captured Enemy Prisoners of War, Civilian Internees and other Detained Persons

1 COMMAND ELEMENT
2 1ST FORCE SERVICE SUPPORT GROUP
3 CAMP PENDLETON CALIFORNIA
4 15 NOVEMBER 2002
5

6 APPENDIX 1 TO ANNEX E TO 1ST FSSG OPLAN 1003-02(U)
7 ENEMY PRISONERS OF WAR, CIVILIAN INTERNEES, AND OTHER DETAINED
8 PERSONS (U)
9

10 REFERENCES: a. Geneva Convention of 1949 on Prisoners of War
11 (GPW) (U)
12 b. Geneva Convention of 1949 on Protection of
13 Civilians (GC) (U)
14 c. Geneva Convention of 1949 on Care of Wounded
15 and Sick (GWS) (U)
16 d. Geneva Convention of 1949 on Care of Wounded,
17 Sick and Shipwrecked at Sea (GWS Sea)
18 (Reproduced in: DA Pam 27-1, AFP 110-20 and
19 NWIP 10-2) (U)
20 e. DOD Directive 5100.69, DOD Enemy PW/Detainee
21 Program (U)
22 f. FM 27-10, The Law of Land Warfare (U)
23 g. AR 190-8, Enemy Prisoners of War
24 Administration, Employment and Compensation
25 (U)
26 h. FM 19-40, Enemy Prisoners of War, Civilian
27 Internees and other Detained Persons (U)
28
29

30 1. (U) GENERAL
31
32

a.
(U) Purpose. To provide guidance concerning the handling,
33 evacuation, transfer, and processing of Enemy Prisoners of War
34 (EPWs), Civilian Internees (CIs), and other Detained Persons
35 (DETs) coming under the control of 1st Force Service Support
36 Group (1st FSSG).
37
38 evacuation, and

b.
(U) Scope. The collection, processing,
39 transfer of EPWs, CIs, and DETs will be per the references, this
40 Appendix, and Annex B (Intelligence).
41
42

c.
(U) Policy. 1st FSSG policy towards EPWs/CIs/DETs will be
43 in accordance with the applicable Geneva Conventions for the
44 Protection of War Victims as set forth in references (a) through
45 (d) and amplified in references (e) through (h) . In general,
46 this policy and the legal references require that EPWs receive
47 humane treatment to include adequate food, water, medical care,

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UNCLASSIFIED

[ USMC I MEF (04) ]

1 and sufficient shelter, along with proper identification and

reporting of their condition. Treatment of detained personnel
3 is also governed by both customary and conventional
4 international law. Detained personnel must be treated humanely
5 and protected from acts of violence, intimidation, insults, and
6 public curiosity. All personnel must be treated alike; under the
7 provisions of the Geneva Conventions they will 'not face adverse
8 distinction or privileged treatment because of health, age,
9 grade, sex, professional qualifications, race, nationality,

10 religious belief, political opinion or other similar criteria.

11
12 d. (U) Assumptions.
13
14 a. (U) That 1st FSSG forces will be required to accept

15 temporary custody of EPW/CT/DET captured or interned by I MEF
16 forces.
17
18 b. (U) That 1st FSSG will turn over EPW/Cl/DET to CFLCC and
19 the theater confinement facility.
20
21 c. (U) That 1st FSSG will require assistance from other
22 commands for some of the following tasks: to establish
23 security, screen, interrogate and classify detainees, to intern
24 EPW/Ci/DET in temporary holding facility(ies), and to evacuate
25 EPWs from division collection points to the theater EPW
26 confinement facility.
27

28 2. (U) SITUATION
29
30 a. (U) Enemy. See ANNEX B. Intelligence.
31
32 b. (U) Friendly. 1st FSSG will accept temporary custody of
33 EPW/Cl/DET when necessary and transfer EPWs to the theater
34 confinement facility. 1st FSSG will assist in the evacuation of
35 EPWs to collection points, provide transportation from division
36 collection points, establish a temporary holding facility, and
37 transfer. EPWs to the theater confinement facility. A temporary
38 holding facility will be prepared to handle a surge in capture
39 rates, to provide basic subsistence and medical care, and to
40 hold EPWs awaiting transportation. Personnel augmentation will
41 be requested from subordinate commands when necessary for
42 personnel to staff this facility and to assist in transporting
43 EPWs.
44

45 3. (U) EXECUTION
46
47 a. (U) Concept of Operations

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1
(1) (U) 1st FSSG must administer EPW/Cl/DET in conformity
3 with international law and the Geneva Conventions. • 4 5 (2) (U) EPW operations will be conducted to avoid. 6 disruption or degradation of other 1st FSSG operations and will 7 generate the least possible burden on manpower and logistic 8 resources. 9
10 (3) (U) 1st FSSG will separate Cis/DETs and other retained
11 personnel under its control from EPWs, but treat them in a
12 similar manner.
13
14 (4) (U) 1st FSSG commanders are responsible for EPW/Cl/DET
15 coming under their control until they are turned over to another
16 unit Of delivered to a site determined by the G-3, 1st FSSG.
17 Commanders will make maximum use of transportation, including
18 logistics back haul, to transport EPWs, CIs, and DETs to a
19 temporary holding facility and/or theater confinement facility

20 as directed. The Commanding General, 1st FSSG has the overall
21 responsibility for EPW/Cl/DET coming under 1st FSSG control
22 until transfer to designated CFLCC forces or delivery to the
23 theater confinement facility.
24
25 (5) (U)• The FSSG G-3 will arrange for the transfer of
26 EPW/Cl/DET to the theater confinement facility at the earliest
27 opportunity.
28
29 (6) (U) Procedures and facilities for the capture, initial
30 care, evacuation, collection, and temporary internment will be
31 established for EPW/Cl/DET at designated 1st FSSG commands.
32
33 b. (U) Assignment of Tasks
34
35 (1) (U) All 1st FSSG Commanders are responsible for:
36
37 (a) (U) Establishing hasty collection points within
38 their respective areas of responsibility (AOR). Provide these
39 locations to the FSSG G-3 and G-2.
40
41 (b) (U) Safeguarding EPWs, CIs, and DETs captured by
42 COMUSMARCENT forces until such time as they are transferred to -
43 ARCENT custody. This responsibility includes providing initial
44 first aid, security and expeditious movement to 1st FSSG
45 collection points for those EPW/Cl/DET coming under the
46 command's control.
47

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UNCLASSIFIED
•
1 (c) (U) Developing procedures for early and continuous
2 accountability of all persons captured, detained, or transported
3 by COMUSMARCENT forces, including accounting for their personal
4 property, for the remains of those who die in captivity, and for
5 wounded EPW/Cl/DP evacuated through the medical regulating
6 system. This process includes the use of capture cards and
7 maintaining accurate accountability of all EPWs. Specifically,
8 each EPW/Cl/DET will be clearly tagged to show the date, time,
9 circumstances, capturing unit, national power, and will be

10 accounted for, by receipt, at each change of custody.
11
12 (d) (U) Assisting in the administrative processing of
13 EPW by capturing units and the safe and expeditious evacuation
14 of EPW to designated collection points.
15

16 (e) (U) Ensuring training is conducted on the proper
17 handling of EPW in strict compliance with the Geneva Conventions
18 and that treatment of all detainees is in accordance with the
19 law of war (LOW).
20
21 (f) (U) Developing appropriate guidance and procedures
22 for the reporting and investigation of violations of the LOW per
23 Appendix 4 to Annex E.
24
25 (g) (U) Providing personnel augmentation to 1st FSSG for
26 staffing EPW transportation requirements and the operation of a
27 temporary holding facility on an as required basis.
28
29 (2) (U) In addition to the above general tasks, the
30 following commands have the specific responsibilities outlined
31 below:
32
33 (a) (U) CSSG-11 will take custody of EPWs from
34 designated division collection points and hold them until they
35 are picked up or turned over to another MP or CSS unit.
36
37 (b) (U) 716th Military Police Battalion will, on order:
38 assist in the control and processing of EPWs in collection
39 points, establish a temporary holding facility to handle a surge

40 in capture rates, and provide security by escorting EPW convoys.
41 To carry out the temporary holding facility mission, this
42 command will prepare estimates of any additional CSS
43 requirements necessary for it to construct, mark, supply, equip,
44 administer and effectively operate a temporary holding facility
45 in addition to operating a temporary holding facility, this
46 command should be prepared to take over a forward collection
47 point and hold it for up to 48 hours.

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1
2 (c) Transportation Support Group will pick up EPW/Ci/DET
3 at designated collection points and deliver them as directed:
4 either directly to the theater confinement facility or to a
5 temporary holding facility to await further transfer to the
6 theater confinement facility.
7
8 (3) (U) The 1st FSSG G-2 will develop gross, time-phased
9 estimates of the number of EPW/Cl/DET and provide these numbers

10 and updates to the G-3 and Medical Planners. G-2 will assist in

H. the identification of sites for collection points and temporary
12 holding areas based on access to MSRs and water while paying
13 particular attention to sites that are easily secured and are
14 well-suited to meet sanitation requirements.
15
16 (4) (U) The 1st FSSG G-3, in concert with higher
17 headquarters, will:
18
19 (a) (U) Develop overall EPW/Cl/DET policy and coordinate
20 matters pertaining to specific EPW/Cl/DET policies.
21
22 (b) (U) Plan and coordinate the custody, handling,
23 evacuation and processing of FPW/Cl/DFT who come under the
24 control of 1st. FSSG.
25
26 (c) (U) Coordinate the establishment of a temporary
27 holding facility for captured EPW/Cl/DET.
28
29 (d) (U) Ascertain EPW information policies and
30 procedures with higher headquarters; to include liaison with the
31 International Committee of the Red Cross (ICRC).
32
33 (e) (U) Arrange for and coordinate the transfer of
34 EPW/Cl/DET to the theater confinement facility at the earliest
35 opportunity.
36
37 (f) (U) Report the status of EPW/Cl/DET to higher
38 headquarters as required. See Tab E to Appendix 7 to this annex.
39
40 (5) (U) The SJA in conjunction with the Legal Service

.41 Support Section, 1st FSSG, will publish instructions to all
42 personnel, and train them, regarding the treatment of EPW/Cl/DET
43 in accordance with service regulations, international law, and
44 the LOW.

45 46 47 c. (U) Coordinating Instructions.
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(J.) (U) COMUSMARCENT G-1 and G-4 will coordinate with the

ARCENT G-1 and G-4 on the processing and transfer of EPW/Cl/DP
3 to COMUSARCENT for internment as expeditiously as possible. 1st
4 FSSG may coordinate with ARCENT G-1/G-4 for movement and

5 transfer of EPW/Cl/DP as directed by MARCENT.
6
7 (2) (U) COMUSMARCENT may request the use of transportation

8 provided by USARCENT for evacuation of EPW/Cl/DP from the
9 COMUSMARCENT holding facility to USARCENT theater camps.
10

• 11 (3) (U) Welfare Organizations. The ICRC is recognized by
12 the US as having a special role in ensuring respect for all the
13 Geneva. Conventions by belligerents. Subject to measures
14 essential to ensure security, representatives of the ICRC and
15 other relief societies assisting EPW/Cl/DET will be provided the
16 necessary facilities for visiting and inspecting temporary
17 holding facilities. Before allowing a visit or inspection,
18 contact the 1st FSSG SJA.
19

20 4. (U) SPECIAL GUIDANCE.
21
22 a. (U) The administrative processing of EPW in the forward
23 areas will be kept to a minimum. Field processing will be
24 limited to those tasks essential for security, safety, control,
25 or those needed to take advantage of available intelligence of
26 for the immediate welfare of the EPW. Medical attention will be
27 provided. EPW will retain identification cards and protective
28 gear. Field processing actions include SEARCH (for weapons,
29 military documents), SILENCE (prohibit talking among EPW),
30 SEGREGATE (by rank, sex, and nationality), SAFEGUARD (to prevent
31 harm or escape), SPEED (evacuate EPW from the combat zone), and
32 TAG (prisoners, documents, property).
33
34 b. (U) Units evacuating EPW/Cl/DP will take maximum advantage
35 of all types of transportation. Logistical backhaul
36 transportation will be the primary means of evacuation.
37However, COMUSMARCENT tactical movements have priority over the
38 movement of EPW/Cl/DP.
39
40 c. EPW will be expeditiously interrogated. Interrogation will
41 not take priority over the evacuation of EPW to a place of
42 safety. EPW retained for interrogation at any level of command
43 must be provided safe custody and proper treatment in compliance
44 with the Geneva Conventions. See Annex B, Intelligence, and
45 Appendix 5, Human Resource Intelligence.
46
47 d. (U) In questionable cases, the 1st FSSG Staff Judge

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1 Advocate (SJA) will make an initial determination on the legal
2 status of all FPW/Cl/DET.

4 e. (U) Reporting, investigation, and adjudication of alleged
5 violations of the LOW as applicable to DETs will be reported to
6 the FSSG G-2 and SJA for investigation.

7
8 f. (U) Civilians.
9
10 (1.) (U) Detention. No civilians will be detained for

11 longer than two weeks without approval of the CG, 1st FSSG.
12 Citizens of the host nation detained for any reason other than
13 for their safety incidental to combat operations will be
14 processed through military police channels for transfer to host
15 nation control and custody, or will be released, depending upon
16 the tactical situation.
17
18 (2) (U) Internment. The 1st FSSG SJA and Civil Affairs
19 Officer will coordinate all required procedures in regards to
20 the internment of civilians. The 1st FSSG G-2 will determine
21 when internment of a civilian is necessary for imperative
22 reasons of security. Upon proper approval, the 1st FSSG G-2 will
23 publish an internment order. Subsequently, the FSSG G-2 will
24 process all appeals of the internment order and will
25 periodically review the cases of all interred civilian
26 personnel.
27
28 g. (U) EPW/Cl/DET who are in a medical in-patient status,
249 under care, will not be transferred until they are no longer in
30 an in—patient status and have been released by medical
31 authorities.
32

33 6. (U) ADMINISTRATION AND LOGISTICS.
34
35 a. (U) Accountability. Maintaining accurate accountability
36 from capture to turnover to the theater EPW facility is a
37 challenging process. A temporary holding facility provides a
38 central point for maintaining an accurate count, but special
39 care must be made to track EPWs that bypass that facility or are
40 diverted via medical channels or die during the evacuation
41 process. All reports will be made to the 1st FSSG G-3 and G-1.
42
43 (1) Accountability for EPW/Cl/DP. Commanders will be
44 responsible for collecting personnel strengths of EPW/Cl/DP and
45 providing it to 1st FSSG G-3 and G-1. Reporting EPW strengths
46 will be in accordance with Appendix 6 to Annex E.
47

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1 (2) Accountability for Deceased EPW/Cl/DP. Report the 2 death of EPW/CT/DP to 1st FSSG G-3 and G-1 and in addition, see 3 Appendix 2 (Mortuary Services) to Annex D, Logistics. 4 5 (3) Accountability for Wounded EPW/Cl/DP. Report transfer 6 or evacuation of EPW/Cl/DP via medical channels to 1st FSSG G-3 7 and G-1 and in addition, see Annex Q, Medical Services. 8 9 b. (U) Medical Care, Treatment and Hygiene. The capturing
10 force must provide medical care to EPW/Cl/DET under its control 11 on the same basis and priority as that provided to U.S. sick and 12 wounded. See Annex Q, Medical Services. The sanitary measures of 13 holding facilities must, as closely as possible, approximate the 14 sanitary conditions and measures required of friendly military 15 camps and facilities. The temporary interment facility commander 16 may refuse to accept custody of EPW/Cl/DET who are recovering, 17 or suffering, from serious wounds or who have contracted a 18 communicable disease, when the level of care required exceeds 19 the capabilities of the resident medical facility. In such 20 cases, the EPW/Cl/DP will be evacuated through the medical 21 regulating chain to the appropriate medical facility. 22 23cc. (U) Movement of EPW/Cl/DET. To the maximum extent. possible 24 utilize logistical back haul to evacuate these personnel. While 25 awaiting movement, these personnel must not be unnecessarily 26 exposed to danger. Evacuation from the battle area must be 27 carried out as swiftly, safely and humanely as possible. 28 Whenever these personnel are transferred from one point to 29 another, permit them to take their personal effects and provide 30 food, potable water, clothing if required, and adequate medical 31 attention during the transfer period. 32 33 d. (U) Administration of EPW Personal Property. Except for 34 prohibited items (e.g., weapons, documents with intelligence 35 value), EPWs are allowed to retain personal property in their 36 possession while being evacuated to the theater confinement 37 facility. Such property includes monies, valuables, protective 38 equipment (e.g., helmets, gas masks), identification cards, 39 personal items of sentimental value and badges of rank or grade. 40 If security requires the confiscation of personal property, an 41 itemized receipt for the personal property must be given to the 42 EPW and the property and record receipt should accompany the EPW 43 to the theater camp. 44 45 e. (U) The designated EPW/Cl/DET temporary holding facility 46 commander will: 47
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1 (1) (U) Ensure that capture cards are prepared.

3 (2) (U) Furnish emergency dental, surgical and medical
4 treatment.
5
6 (3) (U) Report EPW/Cl/DET strengths to the 1st FSSG G-3
7 and G-1 daily. See Appendix 6 to this annex for format.

8
9 (4) (U) Inventory and safeguard personal effects.
10
11 f. (U) EPW/Cl/DET will not perform labor except as needed for

12 construction, administration, management and maintenance of the
13 temporary holding facility.
14
15 g. (U) The camp commander will consider and attempt to settle
16 complaints. When unable to satisfy the complaining EPW/Cl/DET
17 the camp commander will endorse the written complaint to the 1st
18 FSSG SJA with a full explanation of the circumstances.
19

20 h. (U) EPWs will not be photographed or videotaped except in
21 conjunction with processing. Interviews by news media will not
22 be permitted. Photographs or videotapes of EPWs will not be
23 released to the news media.
24

25 1. (U) Reference (h) gives detailed instructions on the
26 foregoing as well as use of internee representatives, social
27 privileges, public access, correspondence and communication, and
28 discipline and security.
29

30 6. (U) COMMAND AND CONTROL. See Appendix 2, C3 Protection, to
31 Annex K, Communications.
32

33 7. (U) REPORTS. See Appendix 6, to Annex E, Personnel. 34 35 36

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