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

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COMMAND ELEMENT

Copy no. copies

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1 ST FORCE SERVICE SUPPORT GROUP

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MARINE EXPEDITIONARY FORCE

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CAMP TAQADDUM

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1 APRIL 2004

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7
8 APPENDIX I to ANNEX E: ENEMY PRISONERS OF WAR, CIVILIAN
9 INTERNEES, AND OTHER DETAINED PERSONS (U)

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

1. (U)
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31 Purpose. To provide guidance concerning the handling,

a. (U)
32 evacuation, transfer, and processing of Enemy Prisoners of War
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(EPWs), Civilian Internees (CIs), and other Detained Persons
34 (DETs) coming under the control of 1st Force Service Support
35 Group (1st FSSG).

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

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c. (U) Policy. 1st FSSG policy towards EPWs/CIs/DETs will be
42 in accordance with the applicable Geneva and Hague Conventions
43 for the Protection of War Victims as set forth in references (a)
44 through (d) and amplified in references (e) through (h). In
45 general, this policy and the legal references require that EPWs
46 receive humane treatment to include adequate food, water,
47 medical care, and sufficient shelter, along with proper
48 identification and reporting of their condition. Treatment of
49 detained personnel is also governed by both customary and

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[ USMC I MEF (05) ]
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UNCLASSIFIED

1 conventional. international law. Detained personnel must be
treated humanely and urotected from acts of violence,

2
3 intimidation, insults, and public curiosity. All personnel must
4 be treated alike; under the provisions of the Geneva Conventions
5 they will not face adverse distinction or privileged treatment
6 because of health, age, grade, sex, professional qualifications,
7 race, nationality, religious belief, political opinion or other

8 similar criteria.

9
10 d. (U) Assumptions
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12 (1) (U) That 1st FSSG forces will be required to
13 accept temporary custody of EPW/Cl/DET captured or interned by I
14 MEF forces.
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16 (2) (U) That 1st FSSG will turn over EPW/Cl/DET to
17 CFLCC and the theater confinement facility.
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19 2. (U) Situation

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21 a. (U) Enemy. See Annex B. Intelligence.
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23 b. (U) Friendly. 1st FSSG will transfer EPWs to the theater
24 confinement facility. 1st FSSG will assist in the evacuation of
25 EPWs to collection points, provide transportation from division
26 collection points and transfer EPWs to the theater confinement
27 facility. Personnel augmentation will be requested from
28 subordinate commands when necessary to assist in transporting
29 EPWs.

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31 3. (U) Execution
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33 a. (U-S)Concept of Operations
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35 (1) (U) 1st FSSG must administer EPW/Cl/DET in

36 conformity with international law and the Geneva Conventions. 37 38 (2) (U) EPW operations will be conducted to avoid 39 disruption or degradation of other 1st FSSG operations and will 40 generate the least possible burden on manpower and logistic 41 resources. 42 43 (3) (U) 1st FSSG commanders are responsible for 44 EPW/Cl/DET coming under their control until they are-turned over 45 to another unit or delivered to a site determined by the G-3, 46 1st FSSG. Commanders will make maximum use of transportation, 47 including logistics back haul, to transport EPWs, Cis, and DETs 48 to theater confinement facility as directed. The Commanding 49 General, 1st FSSG, has the overall. responsibility for EPW/Cl/DET
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coming under 1st FSSG control until transfer to designated CFLCC

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forces or delivery to the theater confinement facility.

4 (4) (U) The FSSG G-3 will arrange for the transfer of
5 EPW/Cl/DET to the theater confinement.
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(5) (U) Procedures and facilities for the capture,

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8 initial care and evacuation will be established for EPW/Cl/DET

9 at designated 1st. FSSG commands.
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11 b. (U) Assignment of Tasks

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13 (1) (U) All 1st FSSG Commanders are responsible for:
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15 (a) (U) Establishing hasty collection points within

16 their respective areas of responsibility (AOR). Provide these
17 locations to the FSSG G-3 and G-2.
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19 (b) (U) Developing procedures for early and 20 continuous accountability of all persons captured, detained, or 21 transported by COMUSMARCENT forces, including accounting for 22 their personal property, for the remains of those who die in 23 captivity, and for wounded EPW/Cl/DP evacuated through the 24 medical regulating system. This process includes the use of 25 capture cards and maintaining accurate accountability of all 26 EPWs. Specifically, each EPW/Cl/DET will be clearly tagged to 27 show the date, time, circumstances, capturing unit, national 28 power, and will be accounted for, by receipt, at each change of 29 custody. 30 31 (c) (U) Assisting in the administrative processing 32 of EPW by capturing units and the safe and expeditious 33 evacuation of EPW to designated collection points. 34 35 (d) (U) Ensuring training is conducted on the proper 36 handling of EPW in strict compliance with the Geneva Conventions 37 and that treatment of all detainees is in accordance with the 38 law of war (LOW). 39 40 (e) (U) Developing appropriate guidance and 41 procedures for the reporting and investigation of violations of 42 the LOW per Appendix 4 to Annex E (Legal). 43 44. (f) (U) Providing personnel augmentation-to 1st FSSG 45 for staffing EPW transportation requirements. 46 47 (2) (U) The 1st FSSG G-2 will develop gross, time-phased 48 estimates of the number of EPW/Cl/DET and provide these numbers 49 and updates to the G-3 and Medical Planners
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The ist FSSG G-3, in concert with higher

(3) (U)
3 headquarters, will:
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(a) (U) Develop overall EPW/Cl/DET policy and

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6 coordinate matters pertaining to specific EPW/Cl/DET policies.
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8 (b) (U) Plan and coordinate the custody, handling,

9 evacuation and processing of EPW/Cl/DET who come under the
10 control of 1st FSSG.
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12 (c) (U) Ascertain EPW information policies and
13 procedures with higher headquarters; to include liaison with the
14 International Committee of the Red Cross (ICRC).

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16 (d) (U) Arrange for and coordinate the transfer of
17 EPW/Cl/DET to the theater confinement facility at the earliest

18 opportunity.
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20 (e) (U) Report the status of EPW/C1/DET to higher

21 headquarters as required.

23 (4) (U) The SJA in conjunction with the Legal Service 24 Support Section, 1st FSSG, will publish instructions to all 25 personnel, and train them, regarding the treatment of EPW/Cl/DET 26 in accordance with service regulations, international law, and 27 the LOW. 28 29.c. (U) Coordinating Instructions. 30 31 (1) (U) COMUSMARCENT G-1 and G-4 will coordinate with the 32 ARCENT G-1 and G-4 on the processing and transfer of EPW/Cl/DP 33 to COMUSARCENT for internment as expeditiously as possible. 1st 34 FSSG may coordinate with ARCENT G-1/G-4 for movement and 35 transfer of EPW/Cl/DP as directed by MARCENT. 36 37 (2) (0) COMUSMARCENT may request the use of transportation 38 provided by USARCENT for evacuation of EPW/Cl/DP from the 39 COMUSMARCENT holding facility to USARCENT theater camps. 40 41 (3) (U) Welfare Organizations. The ICRC is recognized by 42 the US as having a special role in ensuring respect for all the 43 Geneva Conventions by belligerents. Subject to measures 44 essential to ensure security, representatives of the -ICRC and 45 other relief societies assisting EPW/Cl/DET will be provided the 46 necessary facilities for visiting and inspecting temporary 47 holding facilities. Before allowing a visit or inspection, the 48 1st FSSG SJA will be contacted for concurrence.
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1 4. .(13) Special Guidance
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a. (U) The administrative processing of EPWs in the forward

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4 areas will be kept to a minimum. Field processing will be 5 limited to those tasks essential for security, safety, control, 6 or those needed to take advantage of available intelligence or
7 for the immediate welfare of the EPW. Medical attention will be
8 provided. EPW will retain identification cards and protective
9 gear. Field processing actions include SEARCH (for weapons,

10 military documents), SILENCE (prohibit talking among EPW), 11 SEGREGATE (by rank, sex, and nationality), SAFEGUARD (to prevent 12 harm or escape), SPEED (evacuate EPW from the combat zone), and 13 TAG (prisoners, documents, property). 14
15 b. (U) Units evacuating EPW/Cl/DP will take maximum advantage 16 of all types of transportation. Logistical backhaul 17 transportation will be the primary means of evacuation. 18 However, COMUSMARCENT tactical movements have priority over the 19 movement of EPW/Cl/DP. 20 21 c. (U) EPWs will be expeditiously interrogated. 22 Interrogation will not take priority over the evacuation of EPWs 23 to a place of safety. EPWs retained for interrogation at any 24 level at command must be provided safe custody and proper 25 treatment in compliance with the Geneva Conventions. 26 27 d. (U) in questionable cases, the 1st FSSG Staff Judge 28 Advocate (SJA) will make an initial determination on the legal 29 status of all EPW/Cl/DET. 30 31 e. (U) Reporting, investigation, and adjudication of alleged 32 violations of the LOW as applicable to DETs will be reported to 33 the FSSG G-2 and SJA for investigation. 34 35 f. (U) Civilians 36 37 (1) (U) Detention. No civilians will be detained for 38 longer than two weeks without approval of the CG, 1st FSSG. 39 Citizens of the host nation detained for any reason other than 40 for their safety incidental to combat operations will be 41 processed through military police channels for transfer to host 42 nation control and custody, or will be released, depending upon 43 the tactical situation. 44 45 (2) iU) Internment. The 1st FSSG SJA and Civil Affairs 46 Officer will coordinate all required procedures in regards to 47 the internment of civilians. The 1st FSSG G-2 will determine 48 when internment of a civilian is necessary for imperative 49 reasons of security. Upon proper approval, the 1st FSSG
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I will publish an internment order. Subsequently, the FSSG G-2
2 will process all appeals of the internment order and will
3 periodically review the cases of all interred civilian
4 personnel.
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6 g. (U) EPW/Cl/DET who are in a medical in-patient status,

7 under care, will not be transferred until they are no longer in
8 an in—patient status and have been released by medical
9 authorities.

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11 6. (U) Administration and Logistics.
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13 a. (U) Accountability. Maintaining accurate accountability

14 from capture to turnover to the theater EPW facility is a 15 challenging process. Special care must be made to track EPWs 16 that diverted via medical channels or die during the evacuation 17 process. All reports will be made to the 1st FSSG G-3 and G-1. 18
19 (1) (U) Accountability for EPW/Cl/DP. Commanders will be 20 responsible for collecting personnel strengths of EPW/Cl/DP and 21 providing it to 1st FSSG G-3 and G-1. Reporting EPW strengths 22 will be in accordance with Appendix 13 of Annex E (JPERSTAT). 23 24 (2) (U) Accountability for Deceased EPW/Cl/DP. Report 25 the death of EPW/Cl/DP to 1st FSSG G-3 and G-1 and in addition, 26 see Appendix 2 (Mortuary Services) to Annex D, Logistics. 27 28 (3) (U) Accountability for Wounded EPW/Cl/DP. Report 29 transfer or evacuation of EPW/Cl/DP via medical channels to 1st 30 FSSG G-3 and G-1 and in addition, see Annex Q, Medical Services. 31 32 b. (U) Medical Care, Treatment and Hygiene. The capturing 33 force must provide medical care to EPW/Cl/DET under its control 34 on the same basis and priority as that provided to U.S. sick and 35 wounded. See Annex Q, Medical Services. The commander may 36 refuse to accept custody of EPW/Cl/DET who are recovering, or 37 suffering, from serious wounds or who have contracted a 38 communicable disease, when the level of care required exceeds 39 the capabilities of the resident medical facility. In such 40 cases, the EPW/Cl/DP will be evacuated through the medical 41 regulating chain to the appropriate medical facility. 42 43 c. (U) Movement of EPW/Cl/DET. To the maximum extent 44 possible, utilize logistical backhaul to evacuate these 45 personnel. While awaiting movement, these personnel must not be 46 unnecessarily exposed to danger. Evacuation from the battle 47 area must be carried out as swiftly, safely and humanely as 48 possible. Whenever these personnel are transferred from one 49 point to another, permit them to take their personal effects and
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I provide food, potable water, clothing if required, and adequate

2 medical, attention during the transfer period.
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4 d. (U) Administration of EPW Personal Property. Except for
5 prohibited items (e.g., weapons, documents with intelligence

6 value), EPWs are allowed to retain personal property in their
7 possession while being evacuated to the theater confinement
8 facility. Such property includes monies, valuables, protective
9 equipment (e.g., helmets, gas masks), identification cards,

10 personal items of sentimental value and badges of rank or grade.
11 If security requires the confiscation of personal property, an
12 itemized receipt for the personal property must be given to the
13 EPW and the property and record receipt should accompany the EPW
14 to the theater camp.
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16 e. (U) The designated EPW/Cl/DET temporary holding facility
17 commander will:

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19 (1) (U) Ensure that capture cards are prepared.
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21 (2) (U) Furnish emergency dental, surgical and medical
22 treatment-
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24 (3) (U) Report EPW/Cl/DET strengths to the 1st FSSG G-3
25 and G-1 daily.
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27 (4) (U) inventory and safeguard personal effects.
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29 f. (U) EPW/Cl/DET will not perform labor except as needed for
30 construction, administration, management and maintenance of the
31 temporary holding facility.
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33 g. (U) The camp commander will consider and attempt to settle
34 complaints. When unable to satisfy the complaining EPW/Cl/DET
35 the camp commander will endorse the written complaint to the 1st
36 FSSG SJA with a full explanation of the circumstances.
37
38 h. (U) EPWs will not be photographed or videotaped except in
39 conjunction with processing. Interviews by news media will not
40 be permitted. Photographs or videotapes of EPWs will not be
41 released to the news media.
42
43 i. (U) Reference (h) gives detailed instructions on the
44 foregoing as well as use of internee representatives; social
45 privileges, public access, correspondence and communication, and
46 discipline and security.
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48 6. (U) Command and Control. See Annex K.

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UNCLASSIFIED
I 7. (U) Reports. See Appendix 13 to Annex E, Personnel.
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5 OFFICIAL:
6 M. C. HICKMAN
7 LIEUTENANT COLONEL, U.S. MARINE CORPS
8 AC/S G-1
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