Selected problems 1979
_________TC 27-10-1
__
SELECTED PROBLEMS
IN THE
cover page
logo
JUNE 1979
TRAINING CIRCULAR TC 27-10-1
NO. 27-10-1
HEADQUARTERS
DEPARTMENT OF THE ARMY
Washington. DC. 26 June 1979
SELECTED PROBLEMS
IN THE
LAW OF WAR
PREFACE
Every soldier must understand the law of war and its I significance. Both commanders and members of their command must secure this knowledge through forrpal instruction and field training exercises.
This text provides supplemental and follow-up instructional material on the Hague Convention No. IV and the Geneva Convention of1949 (see AR 350-216 and ASUBJSCH 27-1).
These materials serve three purposes. First, they help the training manager to present a clearer explanation of the law of war. Second, they help to insure that an area of essential knowledge for the individual soldier has been thoroughly addressed. And, finally, they help the commander insure that members of his command have a basic knowledge of the law of war and its significance.
The guide is divided into three sections. Section I discusses the training requirements ofAR 350-216 and gives general guidance on the use ofthe case studies in section II. It also discusses educational techniques, givingexamples ofhow to train soldiers in thelaw of war (the most critical aspect of the training manager's task). Section II presents typical combat situations in which many of the laws of warfare are applied. The discussion of these situations supports understanding of the basic law of war. More important, though, discussion demonstrates the realistic applications and implementation of the rules in combat. Finally, section III contains an index to the case studies to help the training manager select material appropriate to his training objectives.
Users of this publication are encouraged to submit recommended changes and comments. Comments should be keyed to the specific page, paragraph, and line of the text in which the change is recommended. Reasons are required for each comment to insure understanding and completeevaluation. Comments should be prepared using DA Form 2028 (Recommended Changes to Public~tionsand Blank Forms) and forwarded direct to the Commandant, The Judge Advocate General's School, Charlottesville, Virginia 22901.
Table of Contents
Page
SECTION I TRAINING REQUIREMENTS, GENERAL GUIDANCE, AND TECHNIQUES OF FORMAL INSTRUCTION .
SCOPE ···· .
TRAINING REQUIREMENTS .
GENERAL GUIDANCE 2
TECHNIQUESOFFORMALINSTRUCTION.......................
2
TESTING....................................................
6
KEYTO CITATIONS. ... . .. .... ....... . .... .. . .. . .. .. .. . . . .. . .. 6
SECTION II CASE STUDIES..... .. .. .... ... .. .. .. .. .. ... ... .. .. .. ... .. ... 7
1.
PROTECTION OF WOUNDED AND MEDICAL PERSONNEL:
PROTECTIVE INSIGNIA, RECOVERYOFWOUNDED 7
2.
FEIGNING SURRENDER; TREATMENT OF WOUNDED:
PUNISHING AND REPORTING LAW OF WAR VIOLA
TIONS...............................................
9
3.
TREATMENT OF WOUNDED AND MEDICAL PERSON
NEL; STATUS OF MEDICALVEHICLES AND MATERIAL:
MISUSE OF PROTECTED STATUS AND PROTECTIVE
INSIGNIA,PUNISHMENT.............................. 10
4.
STATUS AND TREATMENT OF MEDICAL FACILITIES
AND ARMED MEDICAL PERSONNEL: CONFISCATION
OFWEAPONS 12
5.
STATUS AND USE OF CAPTURED MEDICAL VEHICLES
AND OTHER MATERIAL: REMOVAL OF PROTECTIVE
AND NATIONAL INSIGNIA.. .. . ... .. . . .. .. .. ... .. .. . . .. 13
6.
CAMOUFLAGING PROTECTIVE EMBLEMS... .. .. .. .. .. . 14
7.
CONCEPT, STATUS, AND TREATMENT OF SHIP
WRECKED PERSONNEL: THE PERMISSIBILITY OF
FIRING ON ENEMY PERSONNEL OF SUNKEN LANDING
CRAFT..............................................
15
8.
STATUS AND TREATMENT OF OCCUPANTS OF
DISABLEDCOMBATVEHICLES
16
9.
SURRENDER OF ENEMY PERSONNEL: PRECAUTIONARY
MEASURES IN THE SURRENDER OF ,PPROACHING
ARMED ENEMY PERSONNEL
17
I. ••••••••••••••••
10.
KILLING OR WOUNDING OF ,sURRENDERING ENEMY
PERSONNEL; THE DEFENSE OF SELF-DEFENSE:
PUNISHMENT OF PRISONERS OF WAR FOR PRIOR
CRIMINAL ACTS ..................................... 18
Page
11.
STATUS AND TREATMENT OF PRISONERS OF WAR: CONFISCATION OF PAPERS, PERSONAL EFFECTS AND IDENTIFICATION, KILLING OR WOUNDING PRISONERS OFWAR, PREVENTING ATIEMPTED ESCAPES. . . .. .. . . . 19
12.
TREATMENT OF PRISONERS OF WAR: CONFISCATION OF SUPPLIES AND EQUIPMENT FOR MILITARY PURPOSES, INTERROGATION BY THREAT, FORCED LABOR, EVACUATIONOFPRISONERS.... ...... .. ..... .... .. .. 20
13.
TREATMENT OF PRISONERS OF WAR: QUARTERS, SEGREGATION, EVACUATION, INTERROGATION, BONDAGE........................................... 22
14.
MISTREATMENT OF PRISONERS OF WAR: CONFISCATION OF PERSONAL ARTICLES AND EQUIPMENT, INTERROGATION BY FORCE, REPRISALS, SUMMARY PUNISHMENT '" .. ......... ... .... ...... ..... 23
15.
CONDUCT IN CAPTIVITY: DISPOSAL OF ITEMS POTENTIALLY USEFUL TO THE ENEMY WAR EFFORT, CONFISCATION OF EQUIPMENT, PAPERS AND PERSONAL EFFECTS, INTERROGATION BY FORCE, PROTESTING MISTREATMENT........ ...... ..... ............ ...... 24
16.
CONDUCT IN CAPTIVITY: RESISTING ENEMY INTERROGATION ATIEMPTS, PROVIDING INFORMATION TOTHEENEMY....................................... 25
17.
PROTECTED STATUS OF CIVILIANS: CIVILIAN PARTICIPATION IN RELIEF AND RESCUE EFFORTS, THE PERMISSIBILITY OF FORCEFUL MEASURES TO IMPLEMENT AND ENFORCE OCCUPANT ORDERS; COLLECTIVE PUNISHMENT, CURFEWS, FORCEFUL EVACUATION...... .... ....... ...... ............. .... 26
18.
CIVILIAN EVACUATION FROM COMBAT AREAS: IMPLEMENTING ORDERS AND PROCEDURES, PUNISHMENT FOR NONCOMPLIANCE 29
19.
TREATMENT OF CIVILIAN POPULATION IN OCCUPIED AREAS: CIVILIAN RESPONSIBILITY FOR ACTS OF RESISTANCE FIGHTERS, COLLECTIVE PUNISHMENT, REPRISALS " .. .... .... . 31
20.
STATUS AND TREATMENTOF CIVILIAN PARTICIPATION IN COMBAT ACTIVITIES: RESISTING INVADING FORCES, COLLECTIVE PUNISHMENT, REPRISALS, HOSTAGES...... ............... . .. .. 32
21.
TREATMENT OF CIVILIANS IN OCCUPIED AREAS: CIVILIAN PARTICIPATION IN COMBAT ACTIVITIES, TEMPORARY FORCEFUL EVACUATION FOR SEARCH PURPOSES, HIDING ENEMY WEAPONS AND PERSONNEL, PUNISHMENT, REPRISALS, DESTRUCTION OF PROPERTY. 33
Page
22.
RESISTANCE MOVEMENTS: STATUS OF MEMBERS,
TREATMENT OF CIVILIAN SUPPORTERS, PUNISHMENT 34
23.
LAWFUL COMBATANTS; THE STATUS AND TREATMENT OF
THIRD COUNTRY NATIONALS AND CITIZENS WHO
PARTICIPATE IN MILITARY ACTiViTIES............... 36
24.
THE DETERMINATION AND TREATMENT OF LAWFUL
COMBATANTS 38
25.
COMPARISON OF ESPIONAGE AND LAWFUL
INTELLIGENCE-GATHERING PROCEDURES: RUSES
OF WAR, CAMOUFLAGING, USE OF CIVILIAN CLOTHING,
WEARING THE ENEMY'S UNIFORM DURING RECONNAIS
SANCE MiSSiONS...................................
40
26.
STATUS AND TREATMENT OF PARLEMENTAIRES:
MISUSE OF STATUS 41
27.
FIRING ON RESIDENTIAL AREAS: THE SIGNIFICANCE OF
WHITE FLAG DiSPLAyS.............................. 43
28.
FIRING ON TOWNS AND CITIES: MILITARY NECESSITY.. . 44
29.
DISPOSITION OF LAW OF WAR VIOLATORS: BAN ON
SUMMARY PROCEEDINGS TO DETERMINE GUILT OR
PUNISHMENT, BAN ON REPRISALS, RUSES OF WAR,
DECEPTIVE STATEMENTS, USE OF ENEMY'S LANGUAGE,
PASSWORDS, WEAPONS, EQUIPMENT AND UNIFORM. . 45
30.
THE STATUS, USE, AND MARKING OF CAPTURED
MILITARYAIRCRAFT ..".. ..... ... .. .... . . . .. .. .. . .. . 47
31.
THE DISSEMINATION OF PROPAGANDA AS A MEANS
OF WARFARE: BAN ON SUMMARY PUNISHMENT FOR
ALLEGEDLAWOFWARVIOLATORS 48
32.
THE STATUS, TREATMENT AND RULES OF ENGAGE
MENT RELATING TO PARACHUTING CREWS OF
DISABLED AIRCRAFT..............................
49
33.
STATUS AND TREATMENT OF PARATROOPS:
SABOTAGE TEAMS.................................. 50
34.
RULES OF BOMBARDMENT: MILITARY TARGETS AND
OBJECTIVES, PROTECTED PERSONS, AREAS, FACILITIES,
INSTITUTIONS, AND OBJECTS........................ 52
35.
RULES OF BOMBARDMENT: MILITARY TARGETS AND
OBJECTIVES, PROTECTION OF CULTURAL AND RELIGIOUS
INSTITUTIONS AND OBJECTS, PROTECTED PROPERTY
USED FOR MILITARY PURPOSES..................... 54
36.
WAR CRIMES: COMMAND RESPONSIBILITY, DUTY TO
DISOBEY CRIMINAL ORDERS, DUTY TO REPORT WAR
CRIMES............................................. 55
37.
CHEMICAL WEAPONS: LEGALITY AND RESTRICTIONS
ON USE............................................. 57
SECTION III INDEXTO CASE STUDIES " 59
iv
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Section I
TRAINING REQUIREMENTS, GENERAL GUIDANCE, AND TECHNIQUES OF FORMAL INSTRUCTION
SCOPE. This section outlines formal training requirements in the law of war and provides general guidance on integrating the case studies in section II into training progl-ams. It also explains many educational techniques that may be used to develop in the soldier the desired knowledge of the law of war and its impact on him.
TRAINING REQUIREMENTS.
Army Regulation 350-216 requires that formal training in the law of war be provided each soldier periodically and that a permanent record be kept of such training. This training is requir~d at the training base and within the school system. Formal unit training is also required for soldiers not trained earlier. The training manager must become thoroughly familiar with these requirements.
The regulation further requires the commander to insure that each member of his command has a practical working knowledge of the Geneva and Hague Conventions and their significance. Practical training (which follows formal training and should be continuous) will be integrated in all tactical training and related subjects. Such practical training should be realistic within the bounds of safety.
Army Regulation 350-216 also requires that formal law of war instruction be presented by officers of The Judge Advocate General's Corps (JAGC) or other legally qualified personnel together with officers with com ma nd experience, preferably in combat. A legally qualified person is one graduated from an accredited law school and admitted to practice before a Federal court or the highest court of a state. Where legally qualified personnel are not available, AR 350-216 provides alternative methods of instruction.
GENERAL GUIDANCE.
This text is designed as a casebook and guide for the training manager in developing programs for practical application of the law of war. The case studies in section II can be integrated into those training programs. Because of the different levels of training for which the studies will be used, they are not intended as a verbatim text or lesson plan for any specific training program. The training manager will tailor his programs to the needs of his audience and to the training problems or requirements peculiar to a given unit, mission, or group. The case studies should be integrated into these programs wherever possible.
The manner of developing training programs using the case studies in section II is left to the judgment and resourcefulness of the training manager. Such development depends largely upon his requirements, preparation, and evaluation. Remember, though, that the material contained in section II is not to be used in place of basic or refresher instruction in the law of war. Such instruction is provided in Army Subject Schedule 27-1 (The Geneva Conventions of 1949 and The Hague Convention No. IV of 1907). This text should be used to supplement or follow up basic or refresher instruction.
The training manager should be familiar with the principles and techniques defined and discussed in FM 21-6, How to Prepare and Conduct Military Training, the training requirements of AR 350-216, and the material contained in Army Subject Schedule 27-1, to include the training course at appendix C.
If formal law of war training is given at the beginning of the training cycle, the training manager tan integrate it with other training. He can use the teaching techniques of practice exercises and infomal discussion to stimulate interest in and retention of the subject matter.
Too often, though, law of war training is given at the end of a training cycle. One cannot integrate what does not exist; one cannot practice what has not been taught; and one cannot discuss what one does not know. Early presentation of this training in the training cycle provides a basis for effective integration and retention of the subject.
TECHNIQUES OF FORMAL INSTRUCTION.
The education techniques, as they apply to this discussion, are:
LECTURE
CONFERENCE
LECTURE WITH CONFERENCE
PRACTICAL EXERCISE
INFORMAL DISCUSSION
Formal instruction involves, at a minimum, lecture, conference, or lecture with conference, and should be supplemented with practical exercises and informal discussions.
Lecture. The lecture technique is appropriate for teaching new material to large groups. An effective lecture has a logical organization, illustrations and examples, specific and vivid expressions, relevant personal experiences, rhetorical questions, and appropriate training aids.
image
The lecture is effective for exposing a large number of soldiers to the law of war. Since the initial exposure most likely will occur during basic training, the speaker should make every effort to insure that trainees receive a positive first impression of the law of war. This can be accomplished by an interesting, effective presentation. If time and facilities permit, one of several short films dealing with the law of war
can be used. Other training aids include skits or demonstrations, such as MPs searching and securing a group of PWs, and transparencies that highlight the major points of the lecture. Remember, an imaginative speaker can develop other means of making the presentation interesting without detracting from the subject matter.
Conference. The conference technique involves a leader and generally a small group (if the technique is to be effective). The leader directs and controls the group toward a predetermined goal, with most of the ideas developed by the group. The conference allows the soldier to participate directly by asking questions and answering those asked by the leader. The chief difference between conference and lecture is the emphasis on student participation in the former.
The conference can be particularly effective in teaching the law of war when soldiers have a basic knowledge of the subject. The conference should stimulate student thinking, make learning permanent, pool the knowledge of the students, and increase student interest by having the soldier answer the following questions with respect to the law of war:
What to do?
Why do it?
When to do it?
Where to do it?
How to do it?
Lecture with Conference. The lecture with conference encourages the soldier to participate in the presentation by asking questions when he doesn't understand the material presented. This technique combines the positive points of both the lecture and the conference.
One of the potential problems in presenting
the law of war is maintaining student interest. The lecture and the conference may be inappropriate under some circumstances. If time allows, the lecture with conference can be the most efficient technique to present formal law of war instruction. New material can be presented to large groups with an opportunity for student participation.
Practical Exercises. The practical exercise technique presents a real-life situation in which the soldier can apply knowledge gained through format training.
The effectiveness and nature of practical exercises which demonstrate the law of war are limited only by the imagination and creativity of the training manager. Examples include:
DO NOT FIRE ON A WHITE FLAG.
A whIte flag can be anached to several pop-up targets on a !raml'ra range A mtSS, or even a double mISS, can be scored tf atratnee f,res at It pop·up target that has a whtle flag
"~
---&3
"~J
-,
DO NOT FIRE ON NONCOMBATANTS.
.
,
During an ex.erCtse. a sllhoueue target or aggressor soldiers can be clearly marked as medtcal personnel
TREAT CAPTURED ENEMY PERSONNELFIRMLY, BUT HUMANELY.
Introduce PWs into a f,eld ex.erc'se and reqUire members of the unit to applV proper procedures for processing PWs to tha rear.
EXERCISE COMMAND DISCRETION ON USING THE
RED CROSS EMBLEM.
,
,j
When on a night exercise, mstruct medical aid
'. ...
personnel 10 remove Red Cross armbands and
camouflage Ihe emblem on ambulances. This is nol lI9ainsllhe lew of war. However, lhere is a danger thaI bolh Ihe medical aid personnel and Ihe ambulances will be anacked. Withoul diSlinctive proleclive markings, it is difficult 10 dlSlingulsh between legitimale mililary largels and prOlecled objecls and personnel.
DO NOT UNNECESSARILY DESTROY CIVILIAN PROPERTY.
ReconSlrUct a house lhal conlains $Imulaled booby Iraps. Then have ,ralnees conduct a search of Ihe house 10 learn and apply the COncepl of respect for property.
The case studies in section II cover the laws ofwarlarethat are most peninent to the combat soldier. The above examples of practical exercises were derived from the studies. A training manager must. of course, adapt an.J1 change the studies to fit the situation, the level of training,
and the mission of the personnel involved.
Informal Discussion. Informal discussion between the commander and his soldiers is an important and effective technique of education. It is the best method of testing the effectiveness of prior training and determining future needs. Informal discussion includes "rap" sessions, discussion groups, commander's time, and simple random questions.
A commander can ask a few soldiers, on a random basis, their understanding of a particular rule of war. It could be a general question to determine what they remember from the formal instruction. For example. he could ask their opinion of a film that was shown. or what they recall best about the JA's talk on the law of war. Such questions will readily reveat the points remembered. The questions could also be more specific. For example, an airborne soldier can be asked if he would shoot at a descending paratrooper; or a medic can be asked for what purposes he may use his weapon; or a demolition specialist can be asked if he is a saboteur when he goes out to blow up a bridge.
However, informal discussion does not have to be initiated by the commander. The opportunity can be created by the soldier himself. For example. a soldier may ask how he should determine jf a female detainee is armed. This would prompt a demonstration of the law of war pertaining to female detainees.
TESTING.
Purpose. Testing is necessary to insure accomplishment of the training mission. aswell as to provide information for developing a more effective program for the future.
Methods. The written examination is a method of formal testing. It can be developed with the assistance of a judge advocate, or the training manager can model questions on all or
partofDAPam 27·200. ThelawofW8r.ASelf~
Instructional Text. Additionally. the questions in appendix HI of Army Subject Schedule 27-1 arB ready-made for a formal quiz.
Formal testing should always be followed by a thorough critique and discussion of correct responses. Practical exercises and random questioning are informal testing methods. Informal testing does not require as much administrative preparation and follow-up as formal testing.
KEY TO CITATIONS. The following terms and abbreviations are used in this guide:
DA Pam 27-1 Department of the Army Pamphlet No. 27-1. TREATIES GOVERNING LAND WARFARE. 7 December 1956.
DA Pam 27-161-2 Department of the Army Pamphlet No. 27·161·2. INTERNATIONAL LAW Volume
II. 23 October 1962.
FM 27-10 Department of the Army Field Manual No. 27·10. THE LAW OF LAND WARFARE. 18 July 1956.
GWS Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. 12August 1949.
GWS Sea Geneva Convention for the Amelioration of the Condition of the Wounded. Sick. and Shipwrecked Members of Armed Forces at Sea, 12 August 1949.
GPW Geneva Convention Relative to the Treatment of Prisoners of War. 12 August
1949.
GC Geneva Convention Relative to the Protection of Civilian Persons in Time of War. 12 August 1949.
H.1I1
Hague Convention No. III Relative to the Opening of Hostilities, 18 October 1907.
H.IV Hague Convention No. IV Respecting the Laws and Customs of War on Land. 18 October 1907.
H.R. Annex to Hague Convention No. IV. 18 October 1907. embodying the Regulations Respecting the Laws and Customs of War on Land.
H.V Hague Convention No. V Respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land, 18 October
1907.
UCMJ UNIFORM CODE OF MILITARY JUSTICE.
Sectio
CASE STUDIES
O
PROTECTION OF WOUNDED PERSONNEL: PROTECTIVE COVERY OF WOUNDED
PROBLEM:
A machinelfUDoer in a forward poIIition
report8: to hia company commander: ·'1 see
about 10 enemy soldie" at the edge of the
(orest. They are wearina armband. and are
carryina off their wounded. Should I open
fire?" The company commander then
determines: The obeerved soldiers are
....earinl' armbands with. red crescent on a
white backgroun~they aredisplaying.n••
with the same symbol and evacuating dead
and wounded.
AND MEDICAL
INSIGNIA, RE-
What actions should the company commander take and why?
DISCUSSION:
The company commander should order the machinegunner not to fire on the enemy soldiers. If the situation permits. he should order a general cease-fire so long as the enemy is recovering dead and wounded and not trying to gain a tactical advantage or otherwise improve his position.
The enemy soldiers wearing armbands are medical personnel. The red crescent on a white background is recognized by the terms of the 1949 Geneva Convention on Wounded and Sick (GWSj as the protective emblem and distinctive sign of the medical service of an armed force. The Convention also recognizes both the red cross and the red lion and sun on a white background as equivalent protective emblems. While the Red Shield of David is not recognized by the Convention,lsrael uses this symbol as the emblem of its medical service. The protective symbol may be displayed on all medical service flags and equipment and may be worn by medical personnel as an armband.
Generally, medical personnel and the wounded they are assisting may not be attacked if they are recognized as such, even if the protective emblem is not displayed. However, a rescue effort does not normally require a general cease·fire. Military targets, (i.e., other enemy soldiers engaged in combat) may be fired upon, even if recovery efforts are jeopardized. However, whenever circumstances permit, a cease-fire or truce should be agreed upon to allow the recovery, exchange, and evacuation of wounded from the battlefield. A commander may also declare a cease-fire on a unilateral basis.
REFERENCES:
DA Pam 27·1. pp. 31, 33 (GWS arts. 19,24·25).
DA Pam 27-161-2, pp. 110-112.
FM 27-10, paras 220-225.
M. GREENSPAN, THE MODERN LAWOF LAND WARFARE 72-7S, 88-9D(1959}(he,einafter cited as GREENSPAN).
TC 27-1, Your Conduct in Combat, pp. 8-9.
o
FEIGNING SURRENDER; TREATMENT OF WOUNDED: PUNISHING AND REPORTING LAW OF WAR VIOLATIONS
PROBLEM:
[n close combat, infantryman C wounds an enemy soldier who falls to theground and, by raising his hands slightly, indicates that he is incapable of fighting. C turns from the wounded soldier to find cover from hostile fire close to the wounded soldier. The latter suddenly fires on C, misses, and then raises his hands and surrenders. C determines that the captured soldier had only a minor grazing wound, had been capableoffigbting. and had only feigned incapacity in order to continue fighting when a more favorable opportunity presented itself.
Did the enemy soldier violate the law of war? Explain. How shouldthis soldierbetreatedifheviolatedthelawofwar?What action should infantryman C take in regard to the violation?
DISCUSSION:
The enemy soldier committed a violation of infantryman C. In claiming this protection, the law of war by pretending to be disabled and however, he must refrain from further combat. If then continuing to fight when the opportunity he continues the fight, he acts treacherously, arose. The Hague Convention on the laws and provided the deception was intended from the usages of land warfare does permit ruses. outset. However, they may not take the form of trickery such as pretending to be defenseless white planning to make a surprise attack on someone, Although the wounded soldier apparently
who, complying with the law of war, has violated the law of war, he must be treated as a stopped fighting. In the case above, the prisoner of war. He may be tried, however, wounded soldier indicated, by raising his hands, under the Uniform Code of Military Justice that he had Quit fighting and claimed protection (UCMJ) for violating the lawof war. Infantryman from further injury under the law of war. C should follow routine PW procedures and Accordingly, he could no longer be fired upon by report the incident as required.
REFERENCES:
DA Pam 27-1, pp. 12, 97 (HR art. 23, GPW art. 82).
DA Pam 27·161·2, pp. 56·57, 88-89.
FM 27-10, para 50.
GREENSPAN, pp. 320-322.
TREATMENT OF WOUNDED AND MEDICAL PERSONNEL; STATUS OF MEDICAL VEHICLES AND MATERIAL: MISUSE OF PROTECTED STATUS AND PROTECTIVE INSIGNIA, PUNISHMENT
",
PROBLEM:
A platoon leader reports to his commander: HAs my platoon was moving down the road, we overtook an enemy medical convoy displaying the Red Cross emblem. The convoy suddenly fired on my platoon. We immediately overcame the resistance and then determined that in addition to the seriously wounded. thetrucks in the convoy carried artil1ery ammunition. According to the captured medical personnel. they had attacked the platoon fearing that they would be punished if the ammunition was discovered."
How s/wuld the following be treated and why: (1) The enemy medical personnel; (2) The wounded; (3) The captured material from the medical convoy; (4) The medical vehicles?
DISCUSSION:
Medical personnel who participate in combat transporting, or treating the sick and wounded. activities lose their protected status. In this Participating in combat activities inconsistent case, they become prisoners of war with no with their medical duties nullifies this claim to the special protection provided under protection. the Geneva Convention on Wounded and Sick (GWS). This protection is given only to soldiers Medical personnel can also be punished for who are exclusively searching for, collecting, misusing the Red Cross symbol which, under the GWS, signifies protected status. In the case above, there has been misuse of the Red Cross emblem both in the transporting of artillery ammunition by marked medical vehicles and in firing at the overtaking platoon. Thus, the captured medical personnel can be tried before a military court for both violations of the law of war.
The enemy wounded apparently have not participated either in the combat activities or in the transportation of ammunition. Consequently, they are not guilty of punishable conduct. As wounded, they must continue to be cared for and protected. They become prisoners of war, and their needs must be provided for by the capturing forces. Punishment based on the behavior of the medical personnel in violation of the law of war may not be directed against the wounded. The wounded should be taken under guard to the nearest aid station, given medical attention, and then evacuated from the battlefield.
Medical vehicles and other medical material in the convoy are protected from attack or misuse under the GWS. This protection is forfeited only if such property's use is inconsistent with its humanitarian purpose. Small quantities of small arms and ammunition taken from the wounded, but not yet removed from the medical convoy, would not cause a loss of protected status. In the case above, however, large quantities of artillery ammunition were deliberately being transported. This was not merely incidental to the evacuation of the enemy wounded.
When medical transport or facilities are being misused, it is usually necessary to issue a warning to stop such misuse and to set a reasonable deadline for compliance prior to attacking the protected property. This requirement would ordinarily apply in the case of the transport of ammunition by medical vehicles before protection is forfeited. This protection, however, is lost immediately if, as in the present case, enemy fire is received from a protected facility, vehicle, or convoy. In such cases, a prior warning is impractical. Therefore, to promptly return the fire is permissible even though the nonparticipating wounded are thereby endangered. Responsibility for this risk lies with the party which has misused the protected property and protective emblem.
The material of mobile medical units will continue to be used to assist the sick and wounded. This applies even though a medical unit has forfeited its protection against attack. The ban on destroying or using such material for purposes other than originally intended has been declared in the interest of all sick and wounded and is not affected by the unit's forfeiture of its protection. Accordingly, the medical material which was found in the case above must continue to be used for the care of the enemy wounded until such time as their medical needs are adequately provided for from other sources.
On the other hand, the captured medical transport vehicles become property of the capturing forces and may be used by them for any purpose. But before they are employed for other purposes, the wounded found in the vehicles must either be taken to a military hospital or aid station, or be transferred to other vehicles. In the present case, since seriously wounded personnel are involved, their transfer to other vehicles is inadvisable. They should be transported directly to an aid station or hospital in the captured vehicles. These vehicles may then be used by the captor for his own purpose.
REFERENCES:
DA Pam 27-1. PP. 12, 31-35 (HR art. 23(f), GWS arts. 19-22,24-25,28-29).
DA Pam 27-161-2, pp,. 53, 106-107.
FM 27·10, paras 55,215,217,222-223,226,230,236.
GREENSPAN, pp. 72-75, 82-90.
O
STATUS AND TREATMENT OF MEDICAL FACILITIES AND ARMED MEDICAL PERSONNEL: CONFISCATION OF WEAPONS
.
PROBLEM:
A company commander reports to his battalion commander: •• One of my platoons overran an enemy medical clearing station. Terrain conditions caused them to 88sume positions near the clearingstation. A number of armed enemy medical personnel asked my platoon leader to leave the vicinity of the clearing station. The platoon leader had the clearing station searched. Several small arms were found. Some belonged to the medical personnel and some apparently bad been taken (rom tbe wounded. All weapons were confiscated. Can my platoon remain in position near the clearing station? What is tbe status of the armed enemy medical personnel?"
'l •
How should the battalion commander respond?
OISCUSSION:
A medical clearing station must be spared and protected by all parties involved in conflict. The placement of combat positions near the clearing station exposes it to the risk of being hit during combat operations. For this reason, a certain distance should be maintained between combat positions and the protected facility. Only for reasons of military necessity, (J:e., closing a gap in the front lines or the tactical need to occupy a section of terrain), may the vicinity of the medical clearing station be occupied for combat purposes. It is a violation of the law of war to take positions near a medical clearing station for protection from the enemy because of the station's protected status.
A medical clearing station does not lose its protected status because its personnel are armed or because weapons taken from the wounded have not yet been removed from the facility. Medical personnel do not forfeit their protected status because they carry weapons.
+
Such weapons may be used by the medical personnel to defend themselves, the wounded, and the medical facility against attack by anyone violating the law of war. They may not be used to resist capture by lawful combatants. However, any weapons found in a medical facility can be confiscated.
In the case above, it is apparent that there is a tactical need to occupy terrain near the clearing station. Therefore, unless the situation permits its relocation, it will be necessary to accept a risk that the clearing station may be hit during combat activities. The battalion commander should direct his platoon to remain in position near the clearing station so long as it is tactically necessary. He should direct that all confiscated weapons be retained by the capturing unit and that medical personnel be permitted to continue their duties. Finally, he should tell the company commander that a number of soldiers will be
assigned from the battalion to guard the battalion to remove the wounded through
clearing station and its occupants, Also. as soon normal medical channels and the medical
as possible. arrangements will be made by the personnel through PW channels.
REFERENCES:
DA Pam 27-1. pp. 12. 31-33 (HR art. 23(f). GWS arts. 19. 22. 24).
FM 27-10. paras. 220. 223. 225.
GREENSPAN, pp. 83-84.
STATUS AND USE OF CAPTURED MEDICAL•
VEHICLES AND OTHER MATERIAL: REMOVAL OF PROTECTIVE AND NATIONAL INSIGNIA
PROBLEM:
A company occupies a village which contains an enemy military hospital. The company commander orders one platoon leader to reconnoiter beyond the village. The platoon leader takes an ambulance from tbe hospital, superficially covers its protective Red Cross emblems with mud. and uses the vehicle to carry out his mission.
Howslwuldtheplatoonleader's actions bejudgedunderthelaw ofwar?
DISCUSSION:
Captured medical transport vehicles become transport whose protective emblem has only the property of the captor and can be used at his been soiled during normal use. This impression discretion. provided he supplies the needs of would be supported by the usually distinctive any captured enemy sick and wounded. The use design of such vehicles. of such vehicles for combat purposes is only permissible if the protective emblem has first In the above case, it is apparent that the Red been removed. To do otherwise would be Cross emblems on the captured medical vehicle considered misuse of the protective emblem. were not properly covered or eliminated before The removal must be done so that no part of the its use for a combat-related purpose. Therefore, protective emblem remains visible orcan still be the platoon leader could be found in violation of recognized under any camouflage.If not, the the law of war for misusing a protective vehicle could be thought to be a medical emblem.
REFERENCES: DA Pam 27-1. pp. 12. 41 (HR art. 23, GWS art. 53). DA Pam 27·161-2. pp. 173. 176-177. FM 27-10, paras 234.236. GREENSPAN, pp. 85, 318-321.
o
CAMOUFLAGING PROTECTIVE EMBLEMS
PROBLEM:
A division is to be moved at night (rom the rear to a stagingarea. The chiefofstaffhas reservation. about moving medical facilities, transport vehicles. and mobile units withthedivision, since tbeconspicuoU8 protective emblem (red er08S on a white background) makes it easier (or enemy air reconnaissance to detect movement. Nevertheless. the division commander insists upon taking medical support and orders tbe protective emblem to be camouflaged on all such facilities, transport vehicles, and mobile units.
Is the commander's action permissible under the law ofwar? If so, whnt, ifany, risks are involved? Expfuin your answers.
DISCUSSION:
The division commander may camouflage the Be aware, though, that the risk of attack on medical facilities, vehicles. and mobile units the medical facilities, equipment, and material which will accompany the division. Normally. may be increased. Medical facilities, equipment, these objects are marked to indicate their material. and personnel recognized as such, protected status. However, if it is likely that the may not be attacked even if not marked with a enemy wilt gain intelligence from the visible conspicuous protective emblem. However. this presence of medical facilities, equipment, and protection, as a rule, can only be achieved by the material. then camouflaging the protective display of these distinctive markings. Without emblem is permissible. In the case above, there them, it is difficult to distinguish between is a reasonable chance that the division's legitimate military targets and protected movement to the staging area will be more objects. In the present case, there is a danger easily detected if the protective emblems are not that the camouflaged medical convoy will be camouflaged. considered 8 combat unit subject to attack.
REFERENCES:
DA Pam 27-1, pp. 37-39 (GWS arts. 39, 42).
DA Pam 27·161·2, p. 109.
FM 27·10, para 242.
GREENSPAN, 00. 347-348n. 137.
CONCEPT, STATUS, AND TREATMENT OF
o SHIPWRECKED PERSONNEL: THE PERMISSIBILITY OF FIRING ON ENEMY PERSONNEL OF SUNKEN LANDING CRAFT
PROBLEM:
DISCUSSION:
The order to fire on the enemy swimming toward the beachhead from the sunken landing craft is lawful.
A shipwreck can result from any cause (e.g.• ocean conditions. enemy action). It includes forced landings at sea by or from aircraft. The term "shipwrecked personnel" assumes that such personnel are helplessly exposed to the natural forces of the seas and that they require aid from others in order to overcome their defenseless state. Accordingly, shipwrecked personnel have a protected status and may not be attacked.
However. as in the case of wounded combatants. the protection given to shipwrecked soldiers depends on their stopping combat activities. The protected status is given only to soldiers who surrender or cease to fight because of wounds, illness. or shipwreck. If the soldier continues to fight, he loses his protected status and may be attacked.
In the present case, a decision must be made. Are the soldiers of the sunken landing crah swimming solely to rescue themselves? Or, like the enemy in the landing craft not sunk, are they attempting to continue their combat mission by reaching their beachhead? Enemy paratroops may be fired upon while descending during a combat operation, despite their relatively defenseless position; enemy soldiers may be engaged if they are trying to carry out their mission of reaching a beachhead by swimming ashore after their landing crah has been sunk.
The fact that the enemy soldiers were swimming towards the beachhead. instead of waiting to be rescued or swimming to vessels in the area, strongly indicates that they were trying to join their comrades already ashore and continue the fight. Moreover. the soldiers' proximity to, and advance toward, their beachhead demonstrates they were not defenseless and in need of help. On the contrary. it is very closeness to the beachhead and their comrades. likely that they would resist any attempt by the Under the law of war. therefore. these soldiers enemy to rescue them considering their do not represent shipwrecked personnel.
REFERENCES:
DA Pam 27-1, pp 12,48-49.52 (HR art 23(c). GWS SEA arts 3.12).
FM 27-10, paras 29. 31.
GREENSPAN. pp 72n. 24. 73.
STATUS AND TREATMENT OF OCCUPANTS OF
o DISABLED COMBAT VEHICLES
PROBLEM:
Sergeant K di••bled an enemy ta.nlL The tan..k. crew climbed out and bel'aD runniDI' toward their own liDee, t•..Id.D1' with them. wounded eoldier. Sergeant K rll'ed on the fleeinl' enemy -.nd innicted eNualtin. A. Sergeant K advanced on the enemy, tbe survivors raised their banm,. Only tben.did Sergeant K cease firinl'. _.~...
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HasSergeantKactedinviolationofthelawofwar? Why,orwhynot?
DISCUSSION:
Sergeant K has not violated the law of war. It is not apparent that Sergeant K directed his fire at the wounded soldier. The presence of the wounded soldier does not prevent one from firing on the unwounded enemy soldiers. A wounded soldier in a combat area continues to be exposed to the risks and effects of the fire directed at other enemy.
Unwounded soldiers are not protected from further attack merely because their vehicle became disabled. It is true that the enemy who becomes shipwrecked by the sinking of his vessel during combat or one who parachutes from a disabled aircraft in an emergency may not be fired upon. However, until the contrary is indicated. a soldier may assume that the crew of a combat vehicle will continue to fight when outside their vehicle. The disabling of a military vehicle does not generally indicate that the crew is defenseless. Only the enemy who clearly indicates his desire to surrender is protected from further attack. In the present case, the tank crew continued 10 resist capture by trying to flee to their own lines. Therefore, they could be fired on until they raised their hands to surrender.
REFERENCES:
DA Pam 27-1. p 12 (HR an 23{c)).
FM 27-10, para 225b.
GREENSPAN. pp 72·73.
SURRENDER OF ENEMY PERSONNEL: PRE·
o CAUTIONARY MEASURES IN THE SURRENDER OF APPROACHING ARMED ENEMY PERSONNEL
PROBLEM:
While on guard duty. Private L is approached by two armed enemy soldiers who wave pieces of white cloth and signal not to [!Te. He commands the enemy soldiers to throwaway their weapons and raise their hands. They do not obey the command, although they evidently understand iL Private L then ("Ires a warning shot and again gives the command. When the enemy soldiers do not obey but continue to advance, hefires andwoundsoneofthesoldiers.Then the other obeys his command.
Has Private L acted lawfully? Explain.
In the present case, despite the display of a
DISCUSSION:
Private l has acted lawfully under the circumstances. The killing or wounding of an enemy who is trying to surrender is a serious violation of the law of war. Normally, the enemy may be fired on without warning. Showing a white flag in conjun acts (e.g.. throwing indicates surrender. down weapons) ction with other also
However, once a soldier has stopped fighting white flag, the intentions of the approachingbecause of wounds. illness, or shipwreck, or has enemy soldiers were not clear, as they did not surrendered, he is protected. The soldier discard their weapons. Private L acted correctly becomes a prisoner of war as soon as he in commanding them to throw down theirsurrenders or otherwise comes under the weapons and raise their hands. Since thecontrol of the enemy. As SUCh. he acquires a enemy soldiers continued to advance withspecial status which must be respected in all weapons in hand and then disregarded a
circumstances.
warning shot and a second command. it may
Surrender is not required to take any specific be reasonably assumed that they did not wish to form. Usually. a surrendering soldier will surrender. Private L could. and did. use that discard his weapon and raise his hands. amount of force necessary to stop their advance.
REFERENCES:
OA Pam 27·1, p 12 (HR art 23 lc. fl).
FM 27-10. paras SO, 52-53, 84, 467. 478.
KILLING OR WOUNDING OF SURRENDERING ENEMY PERSONNEL; THE DEFENSE OF SELFDEFENSE: PUNISHMENT OF PRISONERS OF WAR FOR PRYOR CRIMINAL ACTS
PROBLEM:
A prisoner i. accused by the detaining power of violating the law of war. An investigation revealed the following: The prisoner, a seaman, was stationed aboard a torpedo boat which had engal'ed an enemy minesweeper and disabled it. The captain of the minesweeper ordered hi. men to surrender and raised a white flag 8S 8signof the surrender. The enemy vessel was boarded by a party from the torpedo boat. The accused seaman, who wu a member of the boardingparty, was ordered tocbeck the captured vessel's engine room. He
discovered an enemy seaman who was
attempting to scuttle the captured vessel. The accused twice ordered the enemy seaman to stop and surrender. Although he understood the orders, the enemy seaman continued his attempt to scuttle the vessel. The accused then shot and killed the enemy seaman. A month later the accused was captured during a landing operation.
Can the detaining power lawfully try the prisoner for a killing committed prior to his capture? If so, does the accused lose his prisonerofwar status?Has theprisonerviolatedthe lawofwar? Explain.
DISCUSSION:
If there is sufficient evidence, a prisoner can surrender and displayed the white flag, his crew be tried by the detaining power for a criminal act was no longer authorized to engage in combat committed before his capture. However, the activities. The torpedo boat was under a prisoner does not lose his protected status. He corresponding obligation to cease combat must be treated as a prisoner of war, even if activities against the enemy minesweeper. found guilty of a crime and punished. Nevertheless. the crew of the torpedo boat
In the present case the accused seaman has might defend against further combat activities not violated the law of war. From the moment carried out by the members of the crew of the the captain of the minesweeper ordered minesweeper in spite of the surrender. The enemy seaman's attempt to scunle the minesweeper was such an activity. The attempt, whether authorized or not, may be suppressed by all lawful means, including the use of deadly force, if necessary. Thus, the accused could fire on the enemy seaman, especially since the latter continued despite being twice warned to cease.
REFERENCES: OA Pam 27-1. pp 12, 98 (HR art 23(f), GPW art 851.
FM 27-10, para 50, 161 c.
GREENSPAN. pp 320-321.
STATUS AND TREATMENT OF PRISONERS OF WAR: CONFISCATION OF PAPERS, PERSONAL EFFECTS, AND IDENTIFICATION, KILLING OR WOUNDING PRISONERS OF WAR, PREVENTING ATTEMPTED ESCAPES
PROBLEM:
An NCO reports: "I have captured five enemy soldien and have taken from them all papen and identification. Two or the pri80nen attempted escape. One wu killed, and the other wu wounded and recaptured. According to another prisoner, the wounded prisoner shot six PWs two days ago."
"" ••
What melUlures should the commander take? Explain.
DISCUSSION:
The commander should have the prisoners' identification and personal papers returned to them after inspection. Purely personal eHects may not be confiscated from prisoners of war. However, the seizure of documents and other papers having an intelligence value is permissible. In order to separate such material from purely personal eHects. all items may be seized temporarity for inspection. A prisoner's idontification may not be confiscated. Normally, he need only show it and should be in possession of it at all times. However, if an identity document is not simply an 10 and contains additional information of an intelligence value, it may be seized. In such a case, a replacement identity document must be prepared and issued to the prisoner as soon as possible.
The commander should also initiate an investigation into the attempted escape. Such an investigation must be conducted whenever a prisoner of war is killed or seriously wounded. The killing or wounding of prisoners of war, normally aserious violation of the laws of war, is justified when absolutely necessary to prevent escape, provided the force used is not excessive given the circumstances.
The commander should investigate the alleged killing of PWs by the recaptured wounded prisoner. Although this prisoner must be treated as a prisoner of war. he may be tried by a court-martial for a war crime committed before his capture. A report of this investigation should then be forwarded through channels for action.
REFERENCES:
DA Pam 27-1. pp 9. 73-75. 98. 100. 110-111 (HR art8. GPW arts 17-18. 85. 92-93. , 20·121).
FM 27-10, paras 85.94.
GREENSPAN, pp 105-106, 131-142.
~ TREATMENT OF PRISONERS OF WAR: CONFISW CATION OF SUPPLIES AND EQUIPMENT FOR MILITARY PURPOSES, INTERROGATION BY
THREAT, FORCED PRISONERS
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.I
LABOR, EVACUATION OF
PROBLEM:
A company commander reports to battalion: liMy company has captured 78 enemy soldiers. I intend to confiscate personal field rations, winter coat.s, shelter halves, and first-aid kits. These items are urgently needed by my troops. Our own medical and food suppliesareexhausted, and we have no winter coats or shelter halves to protect us from the cold. The prisoners have ample food supplies and will soon be moved to the rear where they will have their housing and other needs provided by our forces, It seems that my company'ssituation could be eased without making the prisoners' condition appreciably more difficult.
"I also need information regarding troop strength in my sector. The prisoners are not willing to give any information beyond their name, rank, date of birth. and service number. The desired information might be obtained by threatening to send the prisoners back to theirown forces, since the enemy threatens capital punishment for soldiers who allow themselves to be captured.
"I intend to use prisoners in constructing reserve fortifications in the rear of my defensive position.
"Request instructionson how to proceed in the above·mentioned matters."
How s/wuld the battalion commander respond?
DISCUSSION:
The battalion commander should prohibit the confiscation of winter coats from the prisoners at this time. He should prohibit the taking of shelter halves until the prisoners are actually moved to the rear and placed in housing. As a rule. prisoners of war must remain in possession of all effects and articles of personal use (e.g.. clothing, food. and personal protection). This is true even though such articles are regularly issued mititaryequipment. Although the captor may have a need for such items. confiscation is prohibited unless the prisoners have no need for the articles or satisfactory substitutes are provided.
The battalion commander may permit the taking of some of the first-aid kits. Normally. items of this nature cannot be confiscated because they are considered to be articles used for the personal protection of prisoners of war. However, if medical aid can be provided by other means, or if some lesser quantity of the first-aid kits would provide adequate protection under the circumstances, then it is permissible to use a number of the kits to attend to friendly wounded. In the present case, once evacuation of the prisoners to a camp outside the combat zone begins, only a supply of the kits which would be adequate to cover emergencies during the evacuation need be left with the prisoners. The excess may be used in the treatment of the captor's wounded.
The battalion commander should also only permit the confiscation of excess food supplies. An adequate supply of field rations must be left with the prisoners until such time as these provisions are supplied from other sources.
The battalion commander should not allow any threats to be made against the prisoners to determine the size of the enemy force in the company's sector. Prisoners of war may not be forced by any means to give information to the enemy. They are required to give only their name, rank, service number. and date of birth. In the case above. a threat to send them back to their own forces if the desired information is not given would represent interrogation by Threat, which is unlawful.
Finally, the battalion commander should prohibit the use of a prisoner of war work force to construct the company's reserve fortification. Such employment would violate the law of war as prisoners of war must not be needlessly exposed to danger while awaiting evacuation from a fighting zone. They must be evacuated as soon as possible to camps situated in an area far enough from a combat zone forthem to beout of danger. Moreover. digging fortifications (except shelters for their own protection) is not one of the classes of work which, under the provisions of GPW Article 50, prisoners of war may be compelled to perform. In no event may they be compelled to perform work of a military character or purpose against their own armed forces. Finally, a prisoner of war may not be
employed in unhealthy or dangerous labor unless he volunteers for such work. In the present case, the construction of field fortifications in a combat zone would constitute dangerous work.
REFERENCES: DA Pam 27-1, pp 72·76(GPW arts 13,15,17-20.23.49.50, and 53). FM 27-10, paras 93-96, 125·138. GREENSPAN, pp '02·'07, '1'-1 '3.
TREATMENT OF PRISONERS OF WAR: QUARTERS, SEGREGATION, EVACUATION, INTERROGATION, BONDAGE
PROBLEM:
A platoon leader report. the foUowinlJ to his company commander: "My platoon captured (our enemy soldiers. I bad them placed in • baeement under pard. A fight erupted amona the pri80DeJ'~ and ] had to order the pardi to break it up. One prisoner had accuaed another of beiD" a 'major on a special miNion' and insisted that the individual had recently been a prisoner of war. The accused prisoner carried no insignia of rank and refused to state his rank. In an attempt to get him to talk, I ordered that he be separated (rom the other prisoners, bound, and isolated in anotber part ofthe basement. I will shortly begin my interrogation of him. [ also intend to evacuate the prisoners tothe rear afterdark. The route i. under enemy observation by day, and any movement cornea under immediate enemy fire."
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Is theplatoon leader's conductproperaccordingto thelaw ofwar?
DISCUSSION:
The temporary confinement of the prisoners is permissible. The laws of warfare concerning the housing of prisoners of war only apply to quartering in a prisoner of war camp. In the combat zone, immediately after capture, the primary consideration is to house the prisoners so they are protected from the effects of combat operations and cannot escape. As long as the type of temporary quarters does not endanger either the lives or the health of the prisoners, or represent a form of punishment, it is not objectionable under the law of war. In the above case, the quartering in a basement was both practical and lawful.
It was also permissible to detain the prisoners until dark, since moving them to the rear by day would expose them to great danger.
Fights among prisoners of war are to be prevented in order to maintain discipline and to preserve their health and safety. Prisoners of war can be isolated to prevent fights. In the present case, it is likely that such fights would occur.
No threat or force of any kind can be applied to prisoners to obtain information from them. This includes information which a prisoner is required to give under the law of war (I:e., name, rank., service number. and date o( birth).
In the case above, the prisoner who refused to give his rank is only subject to the loss of advantages to which he would otherwise be entitled because of rank and position. Binding and interrogating him in order to obtain his rank is an impermissible act of force. Since he had it was necessary to prevent another escape. been identified as being a prior escapee. binding However. this was not the reason given for the him temporarily would have been permissible if restraint.
REFERENCES:
DA Pam 27·1, pp 72·75 (GPW arts 13. 17. 19.20).
FM 27-10. paras 89. 93.
MISTREATMENT OF PRISONERS OF WAR: CONFISCATION OF PERSONAL ARTICLES AND EQUIPMENT, INTERROGATION BY FORCE, REPRISALS, SUMMARY PUNISHMENT
PROBLEM:
Soldier Jones was captured by the enemy. However. before being transported to a prisoner o( war collecting point, he escaped and made his way back to his unit. He reported that he was mistreated by the enemy. ]n particular, all his personal possessions were confiscated, and he was beaten in an attempt to force him to yield information on troop strength and equipmenL Later, when enemy soldiers are taken prisoner, members of Jones' unit take the (ollowing actions:
•
Treat the prisoners with equal
harshneu,
•
Confiscate the prisoners' personal
pos8e88ions, food, and luxury items,
•
Force the prisoners to yield
information on enemy troop strength
and equipment, using physical
mistreatment when necessary.
What measures slwuld the commander ofJones' unit take? Why? Whatfurther action,ifany, slwuldhetakeiftheprisonersinclude tlwse wlw had mistreated Jones?
DISCUSSION:
The commander should prohibit the members higher headquarters. It is apparent that the of his unit from carrying out the acts listed above enemy treated Jones in violation of the law of against the prisoners and order the immediate war. As a prisoner of war. Jones should have evacuation of the prisoners to a collecting point been allowed to retain those personal articles in the rear. He should also init
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